Street Law Chapter 5 Court System

The statement is true because in a trial, there are typically two main parties involved: the plaintiff and the defendant. The plaintiff is the party that initiates the lawsuit, while the defendant is the party being sued. These two parties present their arguments and evidence in front of a judge or jury to determine the outcome of the trial. Therefore, it can be said that the two sides to every trial are called the parties.

During a criminal or civil trial, the two sides involved are referred to as "parties". This term is commonly used to describe the individuals or groups who are directly involved in the legal dispute and have opposing interests or positions. The term "contest" does not accurately describe the two sides in a trial, as it implies a competition rather than a legal dispute. "Sides" and "participants" are also not commonly used terms in this context. Therefore, "parties" is the correct answer to describe the two opposing sides in a trial.

This court is specifically designated to handle legal matters related to family issues such as divorce, separation, and child custody. It is responsible for resolving disputes and making decisions regarding these matters. The other options, small claims, probate, and criminal, do not pertain to family matters and are unrelated to divorce, separation, or child custody cases.

In a non-jury trial, the judge presides over the trial and has the responsibility of deciding the guilt or innocence of the accused. Additionally, the judge is tasked with protecting the rights of all individuals involved in the trial. This means that the judge ensures that proper legal procedures are followed, that evidence is presented fairly, and that the accused receives a fair trial. The judge acts as an impartial arbiter, making decisions based on the law and ensuring that justice is served.

The highest court in the land is referred to as the Supreme Court. This court holds the highest authority and has the final say in legal matters. It is responsible for interpreting and applying the law, ensuring that justice is served at the highest level. The Supreme Court's decisions are binding and have a significant impact on the legal system of the country.

This court hears cases involving violations of law for which violators go to jail. Criminal courts are responsible for handling cases related to criminal activities, such as theft, assault, murder, etc., where the offenders can be sentenced to imprisonment. Traffic courts deal with traffic violations, family courts handle matters related to family disputes, and probate courts deal with issues related to wills and estates. However, only criminal courts specifically handle cases that can result in jail time for the violators.

This court handles cases involving small amounts of money. Small claims courts are specifically designed to handle disputes where the amount of money at stake is relatively low. These courts provide a simplified and informal process for individuals to resolve their legal disputes without the need for expensive legal representation or lengthy court proceedings. By specializing in small claims, this court ensures that individuals have access to a fair and efficient system for resolving their minor financial disputes.

In the inquisitional trial system, the judge takes on an active role by questioning witnesses and controlling court processes. This system is commonly used in Europe.

This court hears actions involving violations committed by persons driving motor vehicles. This suggests that the court deals specifically with cases related to traffic violations, such as speeding, reckless driving, or driving under the influence. It is responsible for enforcing traffic laws and ensuring that those who violate them are held accountable for their actions.

The Pennsylvania appeals court's decision to overturn a law requiring helmet safety gear when riding a bicycle establishes a precedent for all future cases. This means that the court's ruling will serve as a guiding principle or example for similar cases in the future. Other courts will look to this decision as a reference point when making their own judgments on similar matters.

In a criminal trial, the government serves as the prosecutor. The prosecutor is responsible for presenting the case against the defendant on behalf of the government. They gather evidence, question witnesses, and argue for the guilt of the defendant. The prosecutor's role is to seek justice and ensure that the accused is held accountable for their alleged crimes.

The given correct answer is "error of law." This suggests that the alternative to Judge Williams making a judicial mistake is that he made an error of law. This implies that Judge Williams may have misinterpreted or misapplied the law in his decision, resulting in an incorrect legal judgment.

The given statement is incorrect. The party bringing the legal action (suing) in a civil trial is called the plaintiff, not the defendant. The defendant is the party being sued or accused in a civil trial.

The party responding to the plaintiff or prosecution is not called the acquitted. The term "acquitted" refers to a person who has been found not guilty of a crime. In a legal case, the party responding to the plaintiff or prosecution is typically referred to as the defendant. Therefore, the correct answer is False.

In a trial, the rebuttal argument is when the prosecutor has the right to make additional closing arguments that respond to the points made by the defense. This allows the prosecutor to address any new issues or evidence raised by the defense during their closing argument. The purpose of the rebuttal argument is to counter the defense's arguments and strengthen the prosecution's case before the jury reaches a verdict. It provides the prosecutor with an opportunity to have the last word and leave a lasting impression on the jury.

Jury instructions refer to the process where the judge informs the jury about the applicable law in a case. This is done to guide the jury in their decision-making process and ensure that they understand the legal principles that should be applied. During jury instructions, the judge explains the elements of the charges, the burden of proof, and any legal standards that the jury should consider. It is an essential step in the trial process to ensure that the jury makes an informed and lawful decision.

In this scenario, Jason is the one who filed the lawsuit against his former girlfriend for unauthorized use of his credit card. Therefore, he would be considered the plaintiff in small claims court. The plaintiff is the party who initiates a legal action by bringing a complaint against another party, seeking a legal remedy or compensation for a perceived wrong.

The statement is incorrect. The Supreme Court consists of nine justices, not eight. The number of justices on the Supreme Court is determined by Congress and has varied throughout history, but it has been set at nine since 1869.

The correct answer is probate. Probate courts are responsible for handling cases related to wills and claims against the estates of individuals who pass away without a will. These courts oversee the distribution of assets, payment of debts, and resolution of any disputes that may arise during the probate process.

The statement is true because the four different types of state trial courts are indeed superior, county, district, and municipal. These courts have different jurisdictions and handle different types of cases. Superior courts have general jurisdiction and handle major criminal and civil cases, while county and district courts have limited jurisdiction and handle less serious cases. Municipal courts handle cases related to city ordinances and traffic violations. Therefore, the statement accurately describes the different types of state trial courts.

The completion of the verdict phase is crucial in determining the outcome of a trial. A hung jury occurs when the jurors are unable to reach a unanimous decision. This means that there is no agreement among the jurors on the guilt or innocence of the defendant. Therefore, if a unanimous decision is not reached during the verdict phase, it is considered a hung jury.

Justice Oweto disagreed with the decision regarding abortion, therefore he wrote a dissenting opinion. A dissenting opinion is a written statement by a judge or justice who disagrees with the majority opinion reached by the court. It allows the dissenting judge to express their disagreement and provide their own reasoning for their position. In this case, Justice Oweto used a dissenting opinion to express his disagreement with the decision regarding abortion.

The correct answer is federal because the issue involves two states, Oregon and California, and a river that travels through both states. Since it crosses state boundaries, it falls under the jurisdiction of the federal government rather than being a local or state matter.

In a jury trial, the judge does not determine the facts of the case. It is the role of the jury to determine the facts based on the evidence presented. The judge's role is to ensure that the trial is conducted fairly, interpret the law, and provide instructions to the jury on how to apply the law to the facts. The judge then renders a judgement based on the jury's verdict. Therefore, the statement that the judge determines the facts of the case is false.

In a voir dire examination, opposing lawyers question each perspective juror to discover prejudices or preconceived opinions concerning the case. This process helps ensure that a fair and impartial jury is selected for the trial.

The adversarial system is a trial system where two opposing sides, such as the plaintiff and defendant or government and defendant, present their arguments and evidence to a neutral judge or jury. This system emphasizes the pursuit of truth through the clash of opposing viewpoints and relies on each side advocating for their own interests. It allows for a fair and balanced presentation of evidence and arguments, ensuring that both sides have the opportunity to be heard and evaluated.

Peremptory challenges refer to the right of a lawyer to remove potential jurors from a trial without providing a specific reason. This allows lawyers to exercise some control over the composition of the jury and ensure a fair trial. The term "peremptory" implies that these challenges can be made without cause or justification. Therefore, the correct answer is peremptory challenges.

The President of the United States is responsible for nominating justices to the Supreme Court. Once nominated, the nominee must be confirmed by the Senate. Therefore, Justice Granola was nominated by the President and confirmed by the Senate for the Supreme Court.

The eighth amendment of the United States Constitution actually pertains to the prohibition of cruel and unusual punishment, rather than the right to trial by jury in civil cases. Therefore, the statement that the eighth amendment guarantees the right to trial by jury in civil cases in federal courts is false.

The correct answer is opening statement by defense. During the opening statement, the defendant's attorney has the opportunity to present evidence and explain how it will disprove the allegations made by the plaintiff or prosecutor. This is the first opportunity for the defense to outline their case and provide a preview of the evidence that will be presented. It is an important stage in the trial where the defense can set the tone and establish their position.

Chief Tecumseh's authority to require Native Americans on the reservation to wear their religious headgear during tribal ceremonies comes from his inherent powers. Inherent powers refer to the powers that are naturally possessed by a chief or leader of a group or organization. These powers are not explicitly granted by any external entity, such as the federal government or Indian powers, but are derived from the position of leadership itself. Therefore, Chief Tecumseh's authority in this matter is derived from his inherent powers as the chief of the tribe.

The given statement is false because the three types of court systems in the United States are actually state, federal, and municipal, rather than county. State courts handle cases involving state laws, federal courts handle cases involving federal laws, and municipal courts handle cases involving local ordinances and infractions. County courts, on the other hand, are usually a part of the state court system and handle cases within a specific county.

In a criminal case, the defendant is the person who is accused of committing a crime. They have the right to choose whether there will be a jury or not during their trial. This decision is typically made in consultation with their legal counsel. The defendant may opt for a jury trial if they believe it will increase their chances of receiving a fair verdict or they may choose to have their case heard by a judge alone. Ultimately, the decision lies with the defendant.

Jason was granted a trial by jury for a murder case because of the sixth amendment. The sixth amendment guarantees the right to a fair and speedy trial, as well as the right to a jury. This amendment ensures that individuals accused of a crime have the opportunity to present their case before a jury of their peers, allowing for a more impartial and just decision-making process.

During the motions phase, the judge can end the case. This is because motions are legal requests made by either party in a case, asking the judge to make a decision on a specific matter. If the judge grants a motion to dismiss, for example, it means that the case will be ended and will not proceed to trial. Therefore, the motions phase is the stage where the judge has the power to bring the case to a close.