CSUF MGMT 246 - Court Systems

Flashcards based off the notes in class

Law

Rules that provide structure to a society

Common Law

Body of unwritten laws based on legal precedents established by the courts

Which type of law should be consistent with the Constitution.

Common Law

Modern Law

Contrasted with civil law, which is based on codified laws and written rules

Which type of law is baed on case law and judicial precedent rather than statue?

Modern Law

Three branches of government?

* Executive branch
* Legislative branch
* Judicial branch

Executive Branch does and in charge of which agencies?

1. Enforcing the Law
2. In charge of government agencies (IRS, DMV, government defense, etc)

Legislative Branch includes and does what?

* Includes Congress


* Writes and Creates Laws

Judicial Branch does what?

Interprets the law.

Code Law

Law written by legislature and passed by the president/governor

Case Law

Court Decisions & Precedence

What is the point of Precedence/Court Decisions?

To provide consistency

Define Court

A body enpowered to hear and decide disputes

Jurisdiction

Level of power or AUTHORITY

Original Jurisdiction

Where the trial takes place/starts

Appellate Jurisdiction

Courts of Reviews

General Court

Courts that hold the authority to hear all types of cases expect those prohibited by the laws in that state.

Limited Courts

Legal Authority of a court to hear only a certain number of cases

State Courts (Limited) include what?

Family law, probate, etc…

Federal Courts (Limited) include what?

Bankruptcy Court, tax courts, copyright courts, etc…

State Court Organization

* State Supreme Court
* State Court of Appeal
* Superior Court
* Municipal Court
* Small Claims Court

State Supreme Court

Highest court in the state judiciary of a US state

State Court of Appeal

Start intermediate appellate courts in the US state

Superior Court

A court of general jurisdiction over civil and criminal legal court

Federal Court Organization

* U.S. Supreme Court
* Federal Court of Appeal (Circuit Court)
* District Court
* Other federal courts (Tax, patent, admiralty, etc…)

What is the name of one making complaint?

Plaintiff

Court Procedure or steps

1. Starts at Complaint
2. Plaintiff writes up a story
3. Lawyer files/delivers plead to court
4. Service of Process
5. Answer (other response from defendant)

Service of Process

The delivery of a summons and complaint to the defendant

Motions

A formal request for the court to make a decision about something related to the case

Depositions

An out-of-court statement given under oath by any person involved in that case

What are the 2 types of Trier of fact?

Jury or Judge

Define Trier of Fact

Someone who determines what the facts are during a trial

What are the 2 types of evidence?

Testimony or Tangible

Tangible Evidence

The physical or factual evidence

* bloody shirt
* weapon
* verbal