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3308Chap3outline - 3 The Court System Why Study Law And...

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Unformatted text preview: 3 The Court System Why Study Law And Court System? 0. Manager Needs Understanding 1. Managers Involved In Court Cases 0. As Party 1. As Witness Judges And Justices 0. Judges/Magistrates/Justices 1. Determine Rules Of Law For Case 2. Finds Facts 3. Jury- Decides Questions Of Fact 4. Trial Judge Renders Decision On People Conflict 5. Justices- Deal With Issues Of Law On Appeal 6. Judiciary- Power Of Judicial Review Jurors 0. Fact-Finding Body- Petit Jury 1. Size 2. Decision 0. Usually 12 1. Some Provisions For Smaller 2. Usually Unanimous 3. No Reason Given Lawyers 7. System Is Adversarial 8. Representative Of "Combatants"Attorney/Client Privilege 9. Present 0. Evidence 1. Points Of Law 2. Arguments 10.Functions As: 3. Counselor 4. Advocate 5. Public Servant Federal And Most State Court Systems State CourtsSources Of Authority 0. State Constitution 1. State Legislature 2. Court Rules Of Procedure Trial Courts 2. Superior Court/Circuit Court/District Court 3. Lawsuit/Complaint Filed 4. Determines Facts & Law Appellate Courts 5. Review Questions Of Law 6. Consist Of 3 9 Judges 7. Petition For Leave To Appeal/Writ of Certiorari Small Claims Court 3. Handles Litigation Between Business & Customers 4. Minor Financial Issues 5. Benefits 4. Informal 5. Low Court Costs 6. Simplified Procedures Federal Courts 6. Article III Of Constitution 7. Reviews: 7. Questions Of Federal Law 8. U.S. As Party 9. State Disagreements 10. Suits Between Citizens Of Different States Federal Question Cases 11.Issues From U.S. Constitution- Bill Of Rights 12.Issues From Federal Statutes 13.No Monetary Limits- May Be Suit For Damages 14.Civil Actions 6. Patents 7. Copyrights 8. Trademarks 9. Taxes 10. Employment Discrimination 15.Diversity Of Citizenship Diversity Of Citizenship 16.Plaintiffs/Defendants- Citizens Of Different States 17.Corporation Is Citizen Of 18.Total Activity Test For Corporation 19.Claim Must Be $75,000+ 11. State Of Incorporation 12. Citizen Of State Of Principal Business District Courts 8. Federal Trial Courts 9. Review Lawsuits 10. Receive Evidence 11. Evaluate Testimony 12. Impanel Juries 13. Resolve Disputes 14. Federal Rules Of Civil Procedure Appellate Courts 15. 12 U.S. Courts Of Appeals 16. Court Of Appeals For The Federal Circuit- Handles Appeals From Special Courts 11. U.S. Claims Court 12. Administrative Decisions 13. Court Of Military Appeals U.S. Supreme Court 0. Writ Of Certiorari- Matter Of: 1. Decision Becomes "Law Of Land"- Not Subject To Review 0. Federal Importance- Constitutional Issue 1. Conflicting Decisions Of U.S. Circuit Courts Judicial Review 20.Power To Interpret Legislation And Determine Constitutionality 21.Judicial Restraint 22.Judicial Activism 13. Strict Constructionism 14. Change Come From Political Process 15. Courts Correct Society Wrongs 16. Value-Oriented Briefing A CaseElements To Understanding 0. Facts- Key Parties & Actions 1. Issue- What Question Needs To Be Answered 2. Decision/Holding- How Does The Court Respond 3. Reasons- Court's Logic For Deciding Issue Based On Facts Case Law 23. Precedent-Oriented- Stare Decisis 24.Advantages 25.Disadvantages 19. 20. 21. 22. 23. 24. 17. Predictable 18. Certain Volume Of Cases Time Intensive Expensive Dicta Precedent May Be Rejected Multitude Of Systems- Conflict Of Laws Nature Of Judicial Process 8. Decide Case By Statutes/Precedents 9. Decide Case And Create law ...
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