IST 432 Lesson 2 Slides (Case Briefs and the Litigation Process).pptx

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Legal and Regulatory Environment of Information Sciences and TechnologyMarc FriedenbergLesson 2: Case Briefs and the Litigation Process
Legal and Regulatory Environment of Information Sciences and Technology2Structure of the Courts
State and Federal Court SystemsLegal and Regulatory Environment of Information Sciences and Technology3
Legal and Regulatory Environment of Information Sciences and Technology4
Centre County Courthouse (Bellefonte)Legal and Regulatory Environment of Information Sciences and Technology5
AppealsLegal and Regulatory Environment of Information Sciences and Technology6Generally, any person who is a party to a lawsuit has the opportunity to plead the case before a trial court and then, if he or she loses, before at least one level of appellate courtCourts of appeals don’t conduct new trials, review new evidence, or examine witnesses. Instead, a panelof three or more judges reviews the case record (pleadings, transcript, evidence, etc.) to look for errors
TranscriptLegal and Regulatory Environment of Information Sciences and Technology7
Questions of Fact and LawLegal and Regulatory Environment of Information Sciences and Technology8Question of fact: what really happened (ex: whether the defendant actually burned the flag)Question of law: how the law should be applied or interpreted (ex: whether flag-burning is protected speech)Appellate courts generally focus on questions of law, not questions of factAfford deference to trial court’s findings of fact, unless it doesn’t meet the relevant standard (jury trial = finding has a reasonable basis; bench/judge trial = not clearly erroneous (this is less deferential))No deference (“de novo” = “starting from the beginning”) to trial court’s questions of law
Highest State CourtLegal and Regulatory Environment of Information Sciences and Technology9Decision of a state supreme court is usually final, unless it relates to a federal statute or a federal constitutional issue, where it may be heard by the United States Supreme Court
The Federal Court SystemLegal and Regulatory Environment of Information Sciences and Technology10Basically a three-tiered model (see earlier graphic)Federal judges are appointed by the president of the United States and confirmed by the U.S. Senate; receive a lifetime appointment State judges, on the other hand, may be appointed or elected (like in PA), and do not receive lifetime appointmentsWhy do you think: 1) federal judges receive lifetime appointments; 2) state judges do not?
Lifetime AppointmentsLegal and Regulatory Environment of Information Sciences and Technology11
U.S. Courts of Appeals and U.S. District CourtsLegal and Regulatory Environment of Information Sciences and Technology12
Supreme Court of the United States (SCOTUS)Legal and Regulatory Environment of Information Sciences and Technology13Only federal court required by Constitution (Congress may/did create more)Vast majority of its work is as an appeal courtAppellant must request a

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