legal chapter 1.docx - CHAPTER 1 Court Plaintif – Person...

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CHAPTER 1: Court: Plaintif – Person suing Defendant – Person being sued Caption – At the top of the case, ex.) State vs. Name of Defendant Citation – Underneath the caption, retrieval address for case. Ex.) 1997 ND 15, 600 N.W.2 900 Appellant – Loser at trial, can move forward through appellate courts Appellee – Winner at trial Trial Courts – Place where case begins, jury hears case & decides disputed issues of fact, 1 judge presides over case Appellate Courts – Reviews actions of trial court, usually have published opinions for uniformity/consistency, no trials held – panel of 3 judges hears case Process of Judicial Review (Appellate) – Determine whether error was made, transcript and trail exhibits, trial judge sends opinions to appeals court, parties submit written briefs to summarize the evidence and issues. Courts at appellate level can interpret via statutory and constitutionality. Stare Decicis – Central concept of the system of precedent, i.e. prior decisions should not be changed by the court.
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