Gavin Howe
The legal system is a complex and fascinating topic, with many different types of laws and courts in place to handle a variety of cases. At the most basic level, courts are responsible for trying cases and delivering judgments based on the interpretation of statutes and precedents. These precedents, or case law, are the foundation of common law and play a significant role in shaping future decisions. The process of trying cases involves a range of legal professionals, from judges and lawyers to prosecutors and probation officers, all working within the framework of the law to resolve disputes and deliver justice.
| Characteristics | Values |
|---|---|
| Type | Case law, common law, civil law |
| Basis | Precedents, judicial decisions from previous cases |
| Not | Based on constitutions, statutes, or regulations |
| Uses | Detailed facts of a legal case |
| Past decisions | Stare decisis (Latin for "let the decision stand") |
| Distinguished from | Statutory law, regulatory law |
| Application | Criminal proceedings, family law |
| Lower court | May not rule against a binding precedent |
| Higher court | Can reform the rule |
| Jurisdiction | Allowed for a judge to recommend an appeal |
| Appellate court | Reviews precedent and case under appeal |
| Can overrule previous case law by setting a new precedent | |
| Trial court | Can be a trial by judge or jury |
| Appellate court | Hears appeals from parties seeking to change the result of the case |
| Rules on questions of law, considers legal issues | |
| Federal courts | U.S. Courts of Appeals, U.S. District Courts, U.S. Court of Claims, U.S. Court of International Trade, U.S. Bankruptcy Courts |
| State courts | Trial and appellate courts, the highest court is often the "supreme" court |
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Case law
In the common law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedents, which record how and why prior cases have been decided. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles. The necessary analysis (called ratio decidendi) then constitutes a precedent binding on other courts. Further analyses not strictly necessary to the determination of the current case are called obiter dicta, which constitute persuasive authority but are not technically binding.
In some jurisdictions, case law can be applied to ongoing adjudication, for example, in criminal proceedings or family law. Case law is also used in common law systems, where most courts are bound by their own previous decisions in similar cases. According to stare decisis, all lower courts should make decisions consistent with the previous decisions of higher courts. For example, in England, the High Court and the Court of Appeals are each bound by their own previous decisions. However, the Supreme Court of the United Kingdom can deviate from its earlier decisions, although it rarely does.
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Pretrial conferences
A pretrial conference is a meeting that takes place after a defendant is arraigned, usually before a trial in both civil and criminal cases. The prosecutor and defence exchange information about the case, including documents and police reports, so that both sides can have a meaningful conversation. This exchange of information is called discovery.
During the pretrial conference, either side can file or set a date for filing motions, including a motion to dismiss the complaint or to prevent certain evidence from being used at trial. A Pre-Trial Conference Report must be signed by both sides and submitted to the judge for their signature. If the two sides reach an agreement, it is possible to resolve the case at the pretrial conference, especially in cases involving less serious misdemeanour charges. In such cases, a judge will permit the defendant to enter a plea and will sentence them at that time.
In more serious cases, where additional time is needed to prepare sentencing arguments, the court will generally schedule a plea and sentencing hearing for a later date. The pretrial conference can also be used to encourage settling cases. The judge and the lawyers can review the evidence and clarify the issues in dispute. If the case is not settled, the lawyers will usually appear at a hearing before a judge without their clients and try to agree on undisputed facts or points of law. Such agreements are called stipulations. An issue conference can shorten the actual trial time by determining points that do not need to be proved during the trial.
Defendants in criminal cases need to decide whether to have a jury trial or a bench trial. In a jury trial, the jury decides if the defendant is guilty or not; in a bench trial, the judge decides without a jury. Usually, defendants choose a jury trial because they want a jury of their peers to hear the evidence and decide their guilt. However, there may be circumstances where a defence attorney will recommend a bench trial without a jury.
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Criminal proceedings
At the initial appearance, a judge advises the defendant of the charges, decides if the defendant should be jailed until the trial, and determines if there is probable cause to believe an offense has been committed by the defendant. Defendants who cannot afford an attorney are entitled to a court-appointed lawyer, known as a public defender. Defendants released before the trial may be subject to electronic monitoring, drug testing, or periodic reporting to a pretrial services officer.
During a preliminary hearing, a judge assesses if there is sufficient evidence to warrant a trial. This hearing has fewer restrictions than an actual trial, with hearsay, for example, being admissible. A pretrial conference is then held, where the judge and lawyers discuss the matters to be presented to the jury, review evidence, and set a timetable. Criminal cases include limited pretrial discovery proceedings, with restrictions in place to protect the identity of government informants and prevent witness intimidation.
If the defendant pleads guilty, the judge may impose a sentence immediately or schedule a later hearing to determine the sentence. If the defendant pleads not guilty, the judge will schedule a trial. In most felony cases, the judge waits for a presentence report from the court's probation office before deciding on a sentence. A sentence may include prison time, fines, restitution to victims, probation, or alternative detention options such as home confinement or electronic monitoring.
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Civil cases
A civil case begins when a plaintiff files a complaint with the court and serves a copy to the defendant. The complaint outlines the plaintiff's damages or injury, explains how the defendant caused the harm, and asks the court to order relief. The plaintiff may seek monetary compensation or request the court to order the defendant to stop the conduct causing the harm. The defendant may then respond with an "answer" or "motion".
During the discovery phase, both sides exchange information and learn about the strengths and weaknesses of the other side's case. This includes the identities of witnesses and copies of relevant documents. A deposition may be required, where a witness answers questions from a lawyer under oath, with a court reporter producing a transcript.
Before the trial, the judge holds a pretrial conference to understand the important issues and work out possible solutions. The litigants may be encouraged to reach an agreement through mediation, arbitration, or other forms of alternative dispute resolution (ADR). If a settlement is reached, the case is resolved without the need for a trial.
If the case proceeds to trial, the plaintiff's lawyer makes an opening statement, followed by the defense counsel. The plaintiff's witnesses appear first, and once the plaintiff's last witness has testified, the defendant may move for a "directed verdict", claiming that the plaintiff has failed to prove one or more essential elements. Both sides then present closing arguments.
In a jury trial, the judge explains the relevant law and the decisions the jury needs to make. The jury determines whether the defendant is responsible for harming the plaintiff and the amount of damages to be paid. In a "bench" trial without a jury, the judge decides these issues. The jury's verdict must be unanimous, unless the parties agree otherwise. If the jury cannot reach a unanimous decision, the judge may declare a mistrial and dismiss the case or order a new trial.
After the trial, either party may appeal the judgment or the winning party may try to collect the judgment.
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Jury trials
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, where a judge or panel of judges makes all the decisions. Jury trials are used in a significant number of serious criminal cases in many common law judicial systems.
The jury trial has its roots in ancient Athens, where a mechanism called dikastaí ensured that no one could select jurors for their own trial. In normal cases, the courts comprised up to 500 citizens, while capital cases could see juries of 1,001 to 1,501 citizens, ruling by majority. The modern jury trial was introduced in the Rhenish provinces in 1798, with a court of 12 citizens.
In the US, the Sixth Amendment requires state courts to provide jury trials in criminal cases, while the Seventh Amendment preserves the right of a jury for civil cases in federal court. In federal court and most state courts, a jury consists of 12 members for criminal cases, and verdicts must be unanimous. In civil cases, a federal court can allow juries as low as six in number, but unanimity is still required unless the parties stipulate otherwise.
There are two types of juries in federal trial courts: petit juries and grand juries. Petit juries, or trial juries, decide on both criminal and civil cases. In a criminal case, the petit jury decides whether the government has proven beyond a reasonable doubt that the defendant committed the crime. In civil cases, the jury decides whether the plaintiff has established with evidence that it is more likely than not that the defendant injured the plaintiff and requires compensation. Grand juries, on the other hand, focus on preliminary criminal matters and assess the evidence presented by the prosecutor to determine if there is "probable cause" to believe an individual committed a crime and should be put on trial.
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