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Unformatted text preview: Dr. Deborah Pomeroy BLaw 2361 - S10 2/2/10 CH. 3-Pt 1 —U.S. Legal System: There are two distinct systems of Courts in the U.S., -- STATE-- FEDERAL OTHER main distinction between Cts in this country is: Trial Cts (Courts of Original Jurisdiction) VS . Appeals Cts (Appellate Jrd) Trial Courts (T/C) , whether state or federal, hear cases in the first instance. --Trials are conducted in the T/Cs--strangely enough. --Jury Trial – Jury determines the facts; Judge applies the law.--Bench Trial – Judge determines facts and applies the law.--T/Cs hear the evidence (witnesses and documentary) and render a decision.--This decision stands unless someone APPEALS the decision of the T/C and it is OVERTURNED by an appeals court.-- Appellate Courts (A/C) : -- Review the transcript of the trial below (do not hear evidence-“retry the case”) and --determine whether the lower courts made any mistakes of law . __________________________________________ We already talked about “The Judiciary’s Role in American Government” as being -- to interpret and apply the laws in specific cases before the Courts (trials). --In ADDITION, the judiciary has the authority, when appropriate , 1— to re-examine disputes already decided by a lower court/ or of an administrative agency (appeals courts). AND 1 2— determine whether the laws or actions of the other two branches are constitutional . --The PROCESS for making such a determination re the “constitutionality” of laws and actions of the other branches is known as JUDICIAL REVIEW . --This power of judicial review is designed to act as an important check on the other two branches of government.--We’ll look at this in Ch 5 , but….-- concept of Judicial Review is not explicit in the Constitution, rather it is based on case law, specifically the case of Marbury v. Madison . ____________________________________________ Basic Judicial Requirements--Before a lawsuit can be heard in a particular court, certain requirements must be met. --These requirements relate to jurisdiction , venue , standing to sue , and a few others. J URISDICTION--Jurisdiction is the POWER of a Court to hear and decide a case. If the court does not have jrd in a case, its decisions, judgment, and orders have no legal effect . --Courts must have BOTH : 1-- Jurisdiction over the Person (IN PERSONAM or PERSONAL JRD) or Property (IN REM JRD) against whom the suit is brought. AND 2-- Subject-Matter Jurisdiction. IN PERSONAM (PERSONAL) JURISDICTION--Power of courts to make decisions concerning individuals or entities. Both individuals and corps can always be sued where they are “ DOMICILED . ” -- PERSONS: This is the state where they primarily reside ....
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This note was uploaded on 09/24/2011 for the course BLAW 2361 taught by Professor Bible during the Spring '08 term at Texas State.
- Spring '08
- Business Law