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

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Case Case
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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.
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Private Parties Dispute
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Something “at issue”; without it, no case. Can never be criminal law because you can only put individuals in jail.
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Trial and Appellate Trial Case
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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.
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Trier of Fact Trial Case
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Where case always begins. Judges and juries.
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Appellate Court Finders of Fact
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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.
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Error of Counsel Appellate Court
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Can not go back and review the facts. #1 grounds for criminal appeal.
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Non-Reversible Error Reversible Error
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Mistake that would change the outcome of the case. Irrelevant mistake (i.e. multiple character witnesses who say the same thing).
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Precedent Doctrine of Precedent
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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.
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Civil Law Precedent
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Refers to the collective body of case law that a court should consider when interpreting the law. Starts with law, end up with cases.
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LEGO Theory Common Law
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