Chapter 2 Notes Business Law - For the class of Chapter 2...

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For the class of 1/21/14 & 1/23/14 : Chapter 2 Notes I. The Court System I. Court: is a tribunal establishment by gov't to hear evidence, decide cases brought before it, and provide remedies when a wrong has been committed. II. Each type of court has the ability/ authority to decide certain types of cases and classes. III. Jurisdiction: the authority of courts to hear cases Courts can have: I. Subject matter jurisdiction: covers the type of cases the court has the authority to hear. II. Original Jurisdiction: Courts that have the authority to hear the original proceedings in a case Ex. Trial Courts III. General Jurisdiction: broad authority to hear general civil and criminal cases IV. Limited or special Jurisdiction: has the authority to hear only particular kinds of cases Ex. STATE: Courts that will only hear disputes in which the damages are $10,000 or less. Juvenile courts Probate courts Domestic relations court FEDERAL Special jurisdiction courts U.S. Tax Court Bankruptcy Courts V. Appellate Jurisdiction: this court review the work of a lower court I. Appeal: is a review of the trial and decision of the lower court The appellate court does not hear witnesses or take testimony It is usually a panel of three judges that reviews the transcript and evidence from the lower court II. Reversible Error: A mistake in applying the law or a mistake in admitting evidence that affected the outcome of the case An appellate court can Affirm or Reverse a lower court decision and Remand (sending it back to lower courts) that decision for another trial or additional hearings. o The Federal Court System The federal court system consists of three levels of courts 1 Federal District Courts General trial courts of the federal system
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Courts of original jurisdiction (civil and criminal) Criminal Cases in federal district : those in which the defendant is charges with a violation of Federal Law ** Civil Cases : civil suits in which the U.S. is a party; cases btw citizens of different states that involve damages of $75,000+; cases that arise under U.S. Constitution or federal laws and treaties. o U.S. Court of Appeals The final decision in a federal district court can be appealed to a court with appellate jurisdiction Federal Circuit: hears certain types of appeals from all the circuits including specialty cases such as patent appeals Each court has an appellate court called the U.S. Court of Appeals En Banc : decisions (often appeals) made by the circuits full panel of judges instead of the usual three panel o U.S. Supreme Court: final court in the federal system is the U.S. Supreme Court Has appellate jurisdiction over cases that are appealed from federal courts of appeals as well as from state supreme courts Writ of Certiorari : (A process) a preliminary review of those cases appealed to decide whether the case will be heard or allowed to stand as rule on by the lower courts
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