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Courts and Court Systems

Courts and Court Systems. Chapter 2. 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. Objectives.

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Courts and Court Systems

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  1. Courts and Court Systems Chapter 2

  2. 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.

  3. Objectives • 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.

  4. Courts in General • Not all courts are the same • Differences: • Types of cases • Jury or no jury • Number of judges

  5. Jurisdiction • General • Most state trial courts • Jurisdiction over all cases unless exempted • Specific • Jurisdiction only as the legislature or enabling authority provides

  6. 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

  7. Evidence • Real (demonstrative) • Circumstantial • Testimonial • Direct

  8. Four Parts of a Lawsuit Pleadings Discovery Trial Appeal

  9. Pleadings • Plaintiff • Files a complaint • Initiates legal proceeding • Is nothing more than an accusation

  10. Pleadings • Defendant • Files an answer • Denies or admits accusations • May file counterclaim • May bring in third parties • May ask that case be dismissed

  11. Four Parts of a Lawsuit Discovery Pleadings Trial Appeal

  12. Discovery • Lengthy period prior to trial • Purpose • Interrogatories • Depositions • Requests for production or admission

  13. Four Parts of a Lawsuit Trial Pleadings Discovery Appeal

  14. 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

  15. 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

  16. 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

  17. By a Fair Preponderance of Evidence Standard civil burden

  18. Beyond a Reasonable Doubt Standard criminal burden

  19. Clear and Convincing Rarely used burden

  20. Four Parts of a Lawsuit Appeal Pleadings Discovery Trial

  21. Appeals • Ensure that the procedure followed at trial and the rulings of law made by the trial judge follow established and fair legal procedures

  22. Appeals • 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

  23. Federal Court System Supreme Court (Final Appeal) Circuit Court of Appeals (Initial Appeal) Federal District Court (Trial Court)

  24. State Court Systems State Supreme Court (Court of Appeals) Superior Court

  25. Federal Jurisdiction • Limited • Federal jurisdiction is in the Constitution • Includes jurisdiction of federal courts • Some common cases • Civil rights • Constitutional rights • Federal crimes

  26. 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

  27. 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”

  28. 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

  29. 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

  30. 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

  31. Legal Research • Case books • Text of the written decisions by judges • Statute books • Digests • Summaries of cases • Legal encyclopedias

  32. Legal Research • 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

  33. Legal Arguments • Framing the issue • Stating an issue in such a way that a commonsense answer will favor one’s position • Example: staffing

  34. Summary • Liability = fault • Criminal liability versus civil liability • Four parts to a lawsuit • Precedent • Jurisdiction • Legal research

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