This preview shows pages 1–3. Sign up to view the full content.
This preview has intentionally blurred sections. Sign up to view the full version.View Full Document
Unformatted text preview: CHAPTER 3 – COURTS Courts are established by governmental bodies; a court may render a binding decision only when it has jurisdiction over the dispute and the parties to that dispute. Two Court Systems in the United States: • Federal • State FEDERAL COURTS *** • DISTRICT COURTS • The general trial level in the federal court system, where issues of fact are decided, serve districts each located entirely in a particular state. Each district court is presided over by one judge, except in certain cases, when three judges preside. They decide issues of fact • Appeals from district courts usually go to the Circuit Court of Appeals where the district court is located. In a few cases, the appeals are taken directly to the U.S. Supreme Court. • Don’t get feel of evidence and witness testimony from just the court report. • Credibility in appelate court can’t be appealed… • COURTS OF APPEAL • Twelve Circuit Courts of Appeals are the next level in the federal system. They primarily hear appeals from the district courts and review decisions of administrative agencies, the Tax Court, and the Bankruptcy Courts. They generally hear cases in panels of three judges, although in some instances all judges of the circuit will sit en banc (all together in a session) to decide a case. • Appellate courts do not hear evidence or conduct a trial — they examine the record of a case to determine if the trial court committed prejudicial error (error substantially affecting the appellant’s rights and duties). If so, the appellate court will reverse or modify the judgment and, if necessary, remand or send the case back to the lower court for further proceeding. If there is no prejudicial error, the appellate court will affirm the decision of the lower court. • Can’t add newly discovered evidence between trial court and appellate court, you have to ask for a remand and go back to trial court • ***NO SUBMISSION OF EVIDENCE AT AN APPELLATE LEVEL*** • When voting: o Majority controls o Opinion o Concurring opinions o Dissenting opinions o Rehearing • SUPREME COURT • The nation’s highest tribunal — consisting of a Chief Justice and eight Associate Justices — principally reviews cases of the Federal Courts of Appeals, and in some instances, decisions involving Federal law made by the highest State courts. • Reviews cases between States • Appellate cases reach the Supreme Court by: 1. appeal by right where review by the court is mandatory (very few cases), or 2. the discretionary writ of certiorari . If four Justices vote to hear the case, a writ is granted. • Writ of certiorari- not mandatory…if they want to hear it Federal Courts Trial Courts Located in geographical areas—Circuits Try Cases New Trial Remedies in Courts of Appeal • Affirm • Reverse • Modify • Remand SUPREME COURT • The nation’s highest tribunal — consisting of a Chief Justice and eight Associate Justices — principally reviews cases of the Federal Courts of Appeals, and in...
View Full Document
This note was uploaded on 03/30/2012 for the course BLAW 3201 taught by Professor Fry during the Spring '08 term at LSU.
- Spring '08
- Business Law