LBE Lecture Notes.docx.pdf - LBE Lecture Notes Monday August 29th 1 Structure of the courts 2 Soldano v ODaniels 3 Civil\/criminal lawsuits 4 Read 29-33

LBE Lecture Notes.docx.pdf - LBE Lecture Notes Monday...

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LBE Lecture Notes Monday August 29 th 1. Structure of the courts 2. Soldano v. O’Daniels 3. Civil/criminal lawsuits 4. Read 29-33, 17-20 was last weeks assignment 1. structure of the courts: national federal courts for the US state courts o three basic layers: pyramid- trial -> appellate -> supreme Most law suits are settled in the state courts two types go to federal: o One that involves a federal law (ex: free speech) o People or businesses from other states against each other and at least $75,000 at stake in the lawsuit- no one gets home field advantage Trial courts (bottom of pyramid) o All the typical law suit stuff; o If there is something you disagree about in the decision of a trial court, you can appeal the decision to a mid-level court. An appeal is not a do over Intermediate appellate courts (appeals) o Asking them to review the trial court record for a legal error o A panel of judges, usually three o Looking for a mistake in the record, facts, decision making o If you are looking to change the jurys mind (that is your reason for appeal), higher courts are not interested in appealing o After an appellate case, they end the opinion in three ways: 1. affirmed: nothing is done, everything is fine enough and we are not going to change the decision 2. reversed: higher court found mistake, opposite outcome is reached 3. remanded: sent back to trial court to do something over again, in some cases the entire trial o can appeal this too but SC does not have to take it- only review about 100 cases a year 2. Soldano v. O’Daniels Fight at Bar 1 in california Good Samaritan runs to bar 2 to use phone to call 911, bartender does not let her GS runs to bar 3 to use their phone, but man is dead by the time help arrives Family of deceased sues bar 2 because they are partly responsible and the wealthiest (not the person who killed him) Often, if someone is looking for money, you want to sue the richest
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responsible party When presented to a trial court in CA, it was quickly dismissed, which they appealed- “should have had a chance to argue our case in front of a jury" Appellate courts decided that there is a legal obligation for public places to let them use their phone for emergency services, so they remanded it (sent back to trial court) No further legal record of this case so it was most likely settled for an undisclosed amount of money 3. Civil and Criminal Lawsuits Civil: private cases between private people or private companies; private compensation or private remedy o Plaintiff is one suing or complaining o Defendants are defending themselves o If a defendant wins, then it is usually over and everyone goes him o When plaintiff wins, they get some type of remedy o The most common remedy: money (cash damages) o More uncommon remedy: injunction (court order to stop doing something) o Other uncommon remedy: an order of specific performances (court order to do something) ex: heirloom necklace in a will dispute being ordered to be given to someone else o Burden of proof: 51%
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  • Fall '09
  • KATHY
  • Supreme Court of the United States, Appellate court

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