2. Trial courts listen to testimony,
consider evidence, and decide the
facts in disputed situations.
Evidence is provided by witnesses
who are called to testify in the
case.
3. Judges and juries are essential
parts of our legal system.
• The judge
– presides over the trial and protects the rights of those
involved.
– makes sure that attorneys follow the rules of evidence
and trial procedure.
– is required to instruct the jury as to the law involved in
the case.
– In most states, will sentence
individuals that are
convicted of committing
crimes.
4. If a jury trial is requested, a jury is
selected.
• To serve on a jury,
you must be
– a U.S. citizen.
– at least 21 years old.
– able to speak and
understand English.
– a resident of the state.
When you register to vote, you are included
in a “pool” that is used to draw jurors.
5. Jury service is a very important
civic duty. It is necessary to
preserve our constitutional right to
a trial by jury.
6. FAQs about Jury Duty
• Convicted felons are ineligible for jury duty.
• After being chosen, you are “on call” for a one month
period. This doesn’t necessarily mean you will serve.
• You are paid $40 per day as a juror whether or not you
are selected.
• You are reimbursed 50.5 cents
per mile round trip from your
home for mileage.
• If you fail to report, you could
be found in contempt of
court and could be fined
$100, imprisoned for three days,
or both.
7. Voir Dire
• …a hearing to determine the competency
of a juror
• prospective jurors are questioned about
their backgrounds and potential biases
before being chosen to sit on a jury.
• Why would someone not be
chosen to serve?
8. Turn to page 49
and let’s go over the steps
in a trial.
9. Appeals Courts
• …review decisions of trial courts for errors
of law.
• No new evidence is presented.
• Only lawyers appear before judges to
make legal arguments.
• Not everyone who loses a trial
can appeal.
10. Appeals Courts (cont.)
• An appeal is usually possible ONLY when there
is a claim that the trial court has committed an
error of law.
• Error of law: when a judge makes a mistake.
• When an appeals court decides a case,
it issues a written opinion.
• This sets a precedent for
similar cases in the future.
• However, a higher court has
the power to reverse or change
a precedent.
11. Appeals Courts (cont.)
• When judges disagree on a decision, two
or more written opinions may be issued in
the same case.
• The majority opinion states the decision of
the court …
• Judges who disagree may issue
a separate document:
a dissenting opinion.
12. Dissenting Opinions
• Dissenting opinions are important because
their reasoning may become the basis of
future majority decisions.
• As society and the views of the judges
change, so can legal opinion.
• Plessy v. Ferguson 1896 led to
Brown v. Board of Ed 1954 –
“separate but equal” was
declared unconstitutional.
13. Mississippi Court System
• Youth courts
– deal with matters involving abuse and neglect of
juveniles, as well as offenses committed by juveniles
• Municipal courts
– have jurisdiction over misdemeanor crimes, municipal
ordinances and city traffic violations
• Justice courts
– have jurisdiction over small claims civil cases
involving amounts of $3,500 or less,
misdemeanor criminal cases and
any traffic offense that occurs outside
a municipality
14. Mississippi Court System (cont.)
• County courts
– have exclusive jurisdiction over eminent domain
proceedings and juvenile matters, among other
things.
• Chancery courts
– have jurisdiction over domestic matters including
adoptions, custody disputes and divorces;
guardianships; sanity hearings; wills; and challenges
to constitutionality of state laws. Land records are
filed in Chancery Court.
• Circuit courts
– hear felony criminal prosecutions
and civil lawsuits.
15. Mississippi Court System (cont.)
• Court of Appeals
– hears cases assigned by the Supreme Court. The
Court of Appeals is an error correction court. It hears
and decides appeals on issues in which the law is
already settled, but the facts are in dispute.
• Supreme Court
– Mississippi has a two-tier appellate court system that
reviews decisions of law and fact made by the trial
courts. The Mississippi Supreme Court is the court of
last resort among state courts.
Decisions of the Chancery, Circuit
and County Courts and of the Court
of Appeals may be appealed to
the Supreme Court.
17. U.S. Supreme Court
Members:
Chief Justice of the United States
JOHN G. ROBERTS, JR.
Associate Justices
ANTONIN SCALIA
ANTHONY M. KENNEDY
CLARENCE THOMAS
RUTH BADER GINSBURG
STEPHEN G. BREYER
SAMUEL A. ALITO, JR.
SONIA SOTOMAYOR
ELENA KAGAN
