Ch. 3 Key Terms

Ch. 3 Key Terms - Administrative Law Judge administrative...

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Administrative Law Judge – administrative agencies include specialized courts that conduct proceedings brought by the agency against alleged violators of agency rules. These cases are heard by ALJ’s and their decisions may be appealed within the agency. The final decision may be appealed to the Federal Circuit Court of Appeals. Adversarial System – the system through which the American courts operate. Courts will not decide lawsuits unless there is a true case or controversy between the litigants. The system is based on the belief that truth and justice can prevail only if both parties to the action have the incentive to win. Affirm – court of appeals decision to stick with the lower courts decision Affirmative Defenses - legal defenses that must be proven by the defendant Answer - defendant must respond to the complaint by filing an answer within a statutory time period. Usually denies the allegations named in the complaint Appeal – help guarantee that the parties to a lawsuit received a fair trial. The appellant must submit a list of alleged errors of law that were committed by the trial court in a legal document to be successful. Appellate Court – comprise the highest rungs of the ladder that lead to the highest courts in the system. Primarily concerned with whether or not mistakes occurred at the lower courts. They rely on the record, the briefs of the parties, and oral argument. There are three types in Texas and they include the Court of Appeals, Court of Criminal Appeals, and the Texas Supreme Court. Appellant – appealing party. Gives notice of the appeal to the trial court and files a designation of the record which specifies Appellee Arbitration – similar to mediation but there are several difference between the two. In arbitration the arbitrator makes a legally binding decision. Beyond a reasonable doubt – the standard of proof necessary in a criminal court case. This standard is higher than that of a civil case because loss of liberty is a possibility in a criminal case. Brief – the legal document in which an appellant lists their alleged errors of law and includes legal precedent to prove your points of alleged errors. Challenge for Cause
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Complaint - – begins a civil law suit, also referred to as a petition. Must allege facts necessary to establish jurisdiction, and provide a short statement of the ultimate facts to be proved, the applicable law, and the remedy requested. Counterclaim - defendant may want to set forth any cause of action that may exist against the plaintiff. This type of action would include anything that would allow the defendant to be a plaintiff in an independent suit against the plaintiff. Counterclaims allow parties with disputes to settle all of their claims at once Courts of Appeal – there are 14 in the state of Texas, located in major metropolitan areas of the state. These courts hear both civil and criminal appeals. Justices on this court will either hear the case en banc (the entire membership of the court) or on panels (usually
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Ch. 3 Key Terms - Administrative Law Judge administrative...

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