BLAW Chapter 2 Review - Courts and Court Procedures

Legislative Branch

Lawmakers in Congress

Executive Branch

POTUS

Judicial Branch

Court systems (Federal and State)

Court systems declare and apply:

Judicial precedents, case law, apply laws passed by the legislative bodies; Chief function is to interpret and apply law from whatever source to a given situation

Jurisdiction

The power or authority of a court to hear a case, enact laws or prescribe conduct, or apprehend offenders; dependent on: subject matter of the case, the persons involved, the geographic area where the events occurred

Long-arm statutes

Law allowing a state to have jurisdiction over nonresidents.

Diversity Jurisdiction

Federal jurisdiction based on parties being from different states.

Venue

Location where a case is to be tried.

Federal Courts

Part of the Federal Government, headquartered in Washington, D.C.; Three types: Special Federal Courts, Federal District Courts, Federal Court of Appeals

United States Supreme Court (SCOTUS)

Original Jurisdiction - Ambassadors, public ministries and counsels, when a state is a party; Appellate Jurisdiction - Cases based on the US constitution, federal law or treaty; Application of "writ of certiorari"; Court only honors a writ request for a small number of cases; When rulings take place, they usually effect all Americans (ie: recognition of same sex marriage)

State Courts

Part of the State Government, headquartered at the State Capitals in all 50 states; Four types: Inferior Courts, Courts of Original General Jurisdiction, Appellate Courts, Special Courts

Inferior Courts

Very limited jurisdiction and authority; Civil Cases are limited typically limited to $1,000 and $25,000; May appeal to court of Original General Jurisdiction as part of the state court system; Municipal courts are in the state court system

Courts of Original General Jurisdiction

Commonly knows as: Circuit Court, District Court, Superior Court; Usually these can be retrieved by a "docket" number or an organizing systems courts must retrieve the record; This is where almost all state cases are heard.

Municipal Courts

Also known as Lower Courts.

Trial Courts

Conduct original cases.

Appellate Courts

Court that reviews the decision of another court; All states provide for an appeals process by the party dissatisfied with the final judgment; Decisions are binding on lower courts; Hears cases from lower courts in the state; Some states will not have an intermediate appellate court, so all appeals will go to the State Supreme Court

Federal Court System

Includes Special Federal Courts, Federal District Courts, Federal Court of Appeals, and the United States Supreme Court.

Writ of Certiorari

A formal order issued by a higher court to review the decision of a lower court; Court only honors a writ request for a small number of cases.

State Supreme Court

Highest court in the state; Also holds the title of the highest appellate court of the state.

Special Courts

Include Probate Court (wills and estates), Juvenile Courts (delinquent/dependent children), and Domestic Relations Court (divorce/child custody cases).

Probate Court

Handles wills and estates.

Juvenile Courts

Handles delinquent and dependent children.

Domestic Relations Court

Handles divorce and child custody cases.

Chief Officers in:

Federal/State Courts of Record = Judges; Inferior courts = Magistrates or Justice of the Peace (JOP)

Executive Officer of:

Federal Courts = Marshalls/Deputies; In State Courts = Sheriff; Not all states give sheriff the same authority.

Attorneys

Persons educated in the profession of law and licensed to practice law; Lawyers

Procedural Law

Specifies how parties are to go forward with filing civil actions.

Civil Suit

Involves a complaint or petition filed by a plaintiff against a defendant.

Steps: 1.) Plaintiff files a petition with the court clerk.

2.) Clerk issues a process or summons to defendant

3.) Defendant has a certain number of days to file an answer or motion.

4.) Parties request unprivileged information through a process called discovery

5.) If disagreements occur about facts turned up during discovery, a jury may be assembled to decide the facts

Steps in Trial Proceedings

1.) Jury selected and sworn in

2.) Plaintiff's attorney makes opening statements

3.) Plaintiff's attorney presents evidence in the form of: Testimony of Witnesses, Exhibits

4.) Attorneys for both sides present and argue their case

5.) Judge instruct the jury as to the points of law that govern a case

6.) Jury goes to the jury room and arrives at a secret decision

Appellant

One making the appeal.

Respondent

One responding to the appeal.

Appeals Process

Must cite error of law (this is the only grounds for appeal); Typically, appellate court (judge) refuse to hear most cases that are appealed

Four Outcomes of Appeals Process

1) Uphold the Verdict

2) Uphold the Verdict but reduce award

3) Remand for new trial

4) Dismiss verdict