2 LEGL - Ch. 3 and Ch. 4 (Part I)

2 LEGL - Ch. 3 and Ch. 4 (Part I) - The Court System The...

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Unformatted text preview: The Court System The Court System Chapter Three Court Personnel Court Personnel Judges and Justices Jurors Lawyers Court Personnel Court Personnel Judges and Justices Judge = Trial court and most appellate courts Justice = U.S. Supreme Court and some state appellate courts Court Personnel Court Personnel Questions of Fact vs. Questions of Law Question of Fact = A factual issue disputed by the parties Question of Law = An issue concerning the application or interpretation of the law Court Personnel Court Personnel Trial Court Judges Decide questions of law and preside over jury trials Occasionally, may also decide questions of fact and render a verdict Known as a “bench trial” Court Personnel Court Personnel Appellate Judges and Justices Determine whether the trial judge correctly applied the law Generally do not review determinations of fact Court Personnel Court Personnel Jurors The jury is a fact­finding body The right to a trial by jury is protected by the Bill of Rights: 6th Amendment guarantees jury trials in criminal cases 7th Amendment guarantees jury trials in most civil cases Court Personnel Court Personnel Jurors Petit Jury = Issues a verdict in criminal and civil trials, after hearing evidence from both sides Grand Jury = Determines whether the government has enough evidence to go forward with a criminal prosecution Court Personnel Court Personnel Lawyers Represent private parties in court by presenting evidence and legal arguments Attorney­client privilege = All confidential communications between an attorney and his/her client are privileged Organization of the Court System Organization of the Court System Organization of the Court System Organization of the Court System State courts vs. Federal courts State courts hear cases arising under state law or state constitutions Organization of the Court System Organization of the Court System State courts vs. Federal courts Federal Courts hear four categories of cases: Federal question cases Cases involving the United States as a party Cases between two or more states Diversity of citizenship cases Organization of the Court System Organization of the Court System Trial courts vs. Appellate courts Trial courts are the site of the initial trial Witness testimony is heard, and the jury renders a verdict Organization of the Court System Organization of the Court System Trial courts vs. Appellate courts Appellate courts review the legal decisions made by trial courts United States Courts of Appeals United States Courts of Appeals Organization of the Court System Organization of the Court System Supreme Court Typically the highest court in the jurisdiction Hears appeals from the court of appeals on a discretionary basis U.S. Supreme Court must grant a writ of certiorari before taking an appeal Power of Judicial Review Power of Judicial Review Judicial Review = Power to review the constitutionality of laws passed by the legislature Hierarchy of Courts Hierarchy of Courts Supreme Court Appellate Courts Trial (District) Courts Litigation Chapter Four Litigation Litigation = Bringing and/or defending an action in court to enforce a particular right Parties to a Litigation Plaintiff = The party initiating the lawsuit Defendant = The party being sued Parties to a Litigation Counterclaims = A different claim brought by the defendant against the plaintiff Parties to a Litigation Third­party Defendant = Party brought into a lawsuit as an additional defendant by the original defendant Parties to a Litigation Class Action A lawsuit in which one or more plaintiffs file suit on both their own behalf and on behalf of all others who may have a similar claim Requirements for Bringing Suit Requirements for Bringing Suit Standing to Sue The plaintiff must show that it has a legally protectable stake or interest in the dispute entitling it to bring the controversy before the court in order to obtain judicial relief Requirements for Bringing Suit Standing to Sue Two requirements for standing: Actual case or controversy Personal stake in the resolution of the case Requirements for Bringing Suit Jurisdiction Requirements for Bringing Suit Personal Jurisdiction The power of a court to hear and determine a lawsuit involving the parties before it Courts automatically obtain personal jurisdiction over a plaintiff when he or she files suit Requirements for Bringing Suit Personal Jurisdiction Courts obtain personal jurisdiction over a defendant through any of the following means: The defendant voluntarily appears The defendant is served with process in the state The defendant is served with process outside the state, and: The defendant committed a tort in the state The defendant owns property in the state that is the subject matter of the suit The defendant entered a contract or transacted business in the state that is the subject matter of the suit Requirements for Bringing Suit Subject Matter Jurisdiction The power of a court to hear and determine lawsuits involving the issues of the type before it Requirements for Bringing Suit Standing to Sue Subject Matter Jurisdiction Personal Jurisdiction Need all three to get into court ...
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This note was uploaded on 09/21/2011 for the course LEGL 2700 taught by Professor Reed during the Spring '07 term at University of Georgia Athens.

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