Ch+3+NOTES-PT+1-S10-Tracs

Ch+3+NOTES-PT+1-S10-Tracs - Dr. Deborah Pomeroy BLaw 2361 -...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon

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

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

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 Judiciarys 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.--Well 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 ....
View Full Document

Page1 / 18

Ch+3+NOTES-PT+1-S10-Tracs - Dr. Deborah Pomeroy BLaw 2361 -...

This preview shows document pages 1 - 3. Sign up to view the full document.

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