courts and court systems chapter 2. copyright © 2007 thomson delmar learning objectives explain the...
TRANSCRIPT
Copyright © 2007 Thomson Delmar Learning
Objectives
• Explain the difference between trial and appellate courts.
• Explain the difference between the role of a judge and a jury at trial.
• Explain the difference between questions of law and questions of fact.
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• Explain why the jurisdiction of federal courts is limited.
• Explain why the jurisdiction of state courts is general.
• Identify four phases of a lawsuit.
• Explain stare decisis and precedent.
Objectives
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Courts in General
• Not all courts are the same
• Differences:– Types of cases– Jury or no jury– Number of judges
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Jurisdiction
• General– Most state trial courts– Jurisdiction over all cases unless exempted
• Specific– Jurisdiction only as the legislature or enabling
authority provides
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Trial Courts and Appellate Courts
• Trial courts– What we normally associate with a court– Where lawsuits are filed– Where the jury hears evidence
• Appellate courts– Hear appeals from trial courts
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Evidence
• Real (demonstrative)
• Circumstantial
• Testimonial
• Direct
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Pleadings
• Plaintiff– Files a complaint– Initiates legal proceeding– Is nothing more than an accusation
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Pleadings
• Defendant – Files an answer– Denies or admits accusations– May file counterclaim– May bring in third parties– May ask that case be dismissed
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Discovery
• Lengthy period prior to trial
• Purpose– Interrogatories– Depositions– Requests for production or admission
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Trial
• Judge and jury serve to decide a case
• Single judge oversees a trial
• Not all cases require a jury
• Not all courts provide for a jury
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Bench Trials
• In some cases there are factual questions– Case may still be decided solely by a judge
• Judge serves as both trier of fact and trier of law
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Burden of Proof
• Responsibility of a party in a case is to prove that the events occurred
• Party bringing the action usually has burden of proof
• Burden for criminal suit
• Burden for civil suit
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Appeals
• Ensure that the procedure followed at trial and the rulings of law made by the trial judge follow established and fair legal procedures
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• Only questions of law may be appealed
• Cannot appeal a jury’s verdict
• Multi-judge panel– Usually from three to nine judges– Appellate systems differ from state to state– State systems differ from federal system
Appeals
Federal Court System
• Supreme Court (Final Appeal)
• Circuit Court of Appeals (Initial Appeal)
• Federal District Court (Trial Court)
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Federal Jurisdiction
• Limited • Federal jurisdiction is in the Constitution
– Includes jurisdiction of federal courts
• Some common cases– Civil rights– Constitutional rights– Federal crimes
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State Jurisdiction
• Broad jurisdiction over civil and criminal matters – Personal injury, breach of contract, wills/estates,
real estate– Murder, rape, robbery, burglary, arson, DWI,
reckless driving, assault
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Stare Decisis
• Latin term– “Let the decision stand”
• Once a court makes a decision on a given legal principle, all courts in the same jurisdiction are bound to follow it in the future
• Gives rise to the concept of “precedent”
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Precedent
• Allows lawyers and people to transact their business without having to guess how the same legal situation will be interpreted in the future
• Precedent only applies to courts in same jurisdiction
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Precedent—Exceptions
• Courts– Revisit precedent from past cases– Try to distinguish the case they are deciding – Separate it from the case precedent before they
deviate from the precedent– Courts do not always adhere to precedent– Establish new precedent when warranted
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Lawsuits and the Media
• Factors leading to less-than-accurate news accounts about lawsuits:– Deadlines– Complex issues versus short time allotted for
coverage– Tendency to sensationalize
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Legal Research
• Case books– Text of the written decisions by judges
• Statute books
• Digests– Summaries of cases
• Legal encyclopedias
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• Practice books– Help a legal practitioner advise a client– Usually limited to a specific area of law– Often include
• Synopsis of law• Legal checklists• Forms and sample documents
Legal Research
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Legal Arguments
• Framing the issue– Stating an issue in such a way that a
commonsense answer will favor one’s position– Example: staffing