Judicial System

To study legal issues, you must have a basic understanding of how the judicial system works. Each state has its own judicial system, which typically follows the same basic structure as the federal judicial system. In a criminal case, the government prosecutes an individual (the defendant) for violating a criminal statute. The government must prove its case beyond a reasonable doubt, and if the defendant is found guilty, the verdict can result in jail time. In a civil case, one party (the plaintiff) sues another party (the defendant), and the court acts as a neutral arbiter to resolve the case (like an umpire or referee at a sporting event).

Most court cases take place in a trial court where each side presents evidence supporting its version of the facts. The judge or jury weighs the evidence to determine the facts. The law is then applied to those facts to determine the result of the case. The losing side will often appeal the verdict to an appellate court. The appellate court will determine whether the law was applied correctly and whether proper procedures were followed.  

The purpose of a trial is (1) to determine the facts and then (2) apply the appropriate law. Sometimes there's a dispute about the facts. In our Monopoly example, if the die landed on an uneven surface, which number was facing up? Or, to use a football example, did the receiver step out of bounds under his own power before catching a pass, or was he pushed out? Each side presents its witnesses, and the judge or jury determines the facts based on the evidence.

Once the facts have been determined, the judge or jury applies the law. For example, if the receiver stepped out of bounds, he's ineligible to catch the ball, but if the receiver was pushed out of bounds, he's allowed to come back onto the field to make the catch. If you're drunk and kill someone with your car, it may be considered vehicular homicide, whereas if you're sober and have a heart attack and kill someone with your car, it may be considered a no-fault accident. So the first step is to determine the facts, and the next step is to apply the appropriate law to those facts.

Often, the losing side in a court case can appeal the decision. Whichever party appeals the case is the appellant, and the other party is known as the appellee, or respondent. Normally, you can appeal a case only if (1) the court did not follow the proper procedures or (2) the court applied the law incorrectly.