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Chapter 2 - THE COURT SYSTEM I The role of the Judiciary...

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Unformatted text preview: THE COURT SYSTEM 9/16/08 I. The role of the Judiciary Judicial Review the process by which court decide the constitutionality of legislative enactments and actions of the Executive branch. (Not in Constitution) Marbury v. Madison, 5 U.S. (1 Cranch)137 (1803), created judicial review. II. Basic Judicial Requirement Jurisdiction the ability of a court to hear a case. Juris = law; Diction = to speak. Jurisdiction Over person in personam Over property in rem. Jurisdiction Subject matter jurisdiction. General vs. Limited Examples = Common Pleas General Div. Juvenile and Probate = limited Original v. Appellate Jurisdiction Trial v. Appeal Federal Court Jurisdiction Two ways to get in to federal court : Case involves a federal question under U.S. Constitution. Article III, Section 2. or Diversity of Citizenship Plaintiff and Defendant reside in different state & Amount in dispute is over $75,000.00 Exclusive vs. Concurrent Jurisdiction This happens when a case may be filed in either State or Federal Court Michael Vick case Federal court, but could have also been in state court. Important Legal Terms Venue = most appropriate location for the trial. Generally where crime took place Standing to Sue = who is really involved in litigation. Who has a chance to "win or lose" case. Exception: class actions. Courts Supreme Court Appellate Courts Trial Courts Federal Courts U.S. Supreme Court (9 Justices) Circuit Courts (6th Circuit) District Court U.S. Supreme Court Writ of Certiorari =Rule of 4 Need to get 4 of the 9 Justices to agree to hear your case to get writ granted. IV. Judicial Procedure Adversarial System. Each side has attorney in most cases. Pro se = self representation. Procedural Rules vs. Substantial rules. Legal Fees. A typical Lawsuit goes like this... Accident/problem Atty. Consulted Investigation Complaint filed Pretrial Motions Trial Pretrial conferences Post trial motions Appeal Collections. Defendant gets service of process Defendant Answers Discovery Summary Judgment Discovery What do we have here ? Depositions Inspections Admisions Interrogatories Medical Exams independent Document productions Trial Look at 2.3 diagram in book page 53 Jury or Bench Jury Selection = voir dire = to speak the truth Jury Selection Challenges to potential jurors. Peremptory vs. for cause Try to get fair and imparital jury ? The trial Opening Statements Closing Arguments Jury Instructions Jury Verdict Appeal Examination of Witnesses Appellate Review A court of appeal generally does not hear evidence. Its decision is based on "the record" and the brief filed by each side. Appellate courts can: Affirm the trial court's decision. Reverse the trial court's decision. Modify the trial court's decision. Remand (send back) to the trial court. You won your case, now what ? Collection of judgment. Sometimes tough. Post trial motions. ...
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