Chapter 3 - Legal Studies Chapter 3 01/15/09 Judges...

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Legal Studies Chapter 3 01/15/09 Judges (Magistrates) -individuals who operate our courts Trial Court Persons-Judges Reviewing Court Persons-Justices When reviewing appeals , justices are essentially concerned with issues of law ; issues of fact normally are resolved at the trial court level Because of the power of judicial review , the judiciary has perhaps the most extensive power of any branch of government The role of a jury is a fact-finding body The 6 th and 7 th Amendments guarantee the right of the trial by jury in both criminal and civil cases. The petit jury is the trial jury that returns a verdict in both situations A lawyer serves in 3 capacities: counselor, advocate, and public servant There are 2 major court systems in the US: the federal courts and the 50 state courts. The federal court system and those in most states contain 3 levels: trial courts, courts of appeals, and supreme courts Courts are the foundation of a property-based legal system Critical to every lawsuit is the question of subject matter jurisdiction Jurisdiction - refers to the power of a court, at the state or federal level, to hear a case For any court to hear and decide a case at any level, it must have subject matter jurisdiction , which is the power over the issues involved in the case General Jurisdiction - power to hear any type of case Limited Jurisdiction -Power to hear only certain types of cases State court systems are created, and their operations are governed, from three sources… 1. State constitutions provide general framework for the court system 2. The state legislatures, pursuant to constitutional authority, enacts statutes that add body to the framework 3. Each court sets forth its own rules of procedure within the statutory bounds In the trial courts, parties file their lawsuits or complaints seeking to protect their property rights or
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Chapter 3 - Legal Studies Chapter 3 01/15/09 Judges...

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