Exam1 - Flashcards - The flashcards are formatted for...

Info iconThis preview shows pages 1–22. Sign up to view the full content.

View Full Document Right Arrow Icon
Case Case
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
May be either civil or criminal. A judicial proceeding for the determination of a controversy between parties wherein rights are enforced or protected, or wrongs are prevented or redressed.
Background image of page 2
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Private Parties Dispute
Background image of page 4
Something “at issue”; without it, no case. Can never be criminal law because you can only put individuals in jail.
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Trial and Appellate Trial Case
Background image of page 6
Trier of fact hears evidence presented by both parties, makes findings of fact, and applies the law as it exists to the facts and reaches a conclusion. Types of cases.
Background image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Trier of Fact Trial Case
Background image of page 8
Where case always begins. Judges and juries.
Background image of page 9

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Appellate Court Finders of Fact
Background image of page 10
Can only go with facts of case. Reviews the findings of fact of the trial court and the law applied to the findings of fact by the trial court, determining if the law was applied correctly given the facts.
Background image of page 11

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Error of Counsel Appellate Court
Background image of page 12
Can not go back and review the facts. #1 grounds for criminal appeal.
Background image of page 13

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Non-Reversible Error Reversible Error
Background image of page 14
Mistake that would change the outcome of the case. Irrelevant mistake (i.e. multiple character witnesses who say the same thing).
Background image of page 15

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Precedent Doctrine of Precedent
Background image of page 16
What the American legal system is built on. A legal case establishing a principle or rule that a court may need to adopt when deciding subsequent cases with similar issues or facts.
Background image of page 17

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Civil Law Precedent
Background image of page 18
Refers to the collective body of case law that a court should consider when interpreting the law. Starts with law, end up with cases.
Background image of page 19

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
LEGO Theory Common Law
Background image of page 20
up with law. Build on cases that
Background image of page 21

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 22
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 08/30/2011 for the course PLA 3013 taught by Professor Carolbast during the Fall '10 term at University of Central Florida.

Page1 / 75

Exam1 - Flashcards - The flashcards are formatted for...

This preview shows document pages 1 - 22. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online