Flashcards in Ch. 3 The Court System Deck (49)
How do we enforce our laws in a property based legal system?
The court system
People who operate the courts?
Judges and Justices
Judges- Trial court - determines the Rules of Law for the case, also responsible for finding the facts
Justice- reviews case, decides an appeal- decision are Issues and application of Law
Rules in the court?
Procedural and substantive
Who oversees the trail of the case where facts are found, and initial rule?
Trial Judge - concerned with issues of fact
-determines rules of law
-renders a decision
Who is the fact finding body of the court?
Jury- or petit jury in trial jury.
What Amendments to the Constitution guarantee the
right of trial by jury?
6th and 7th
Federal rules of Civil Procedure states for the number of jurors?
Many are tried as 6 person juries today
Are all jury decisions required to be unanimous?
Most states, but not all. Many states have eliminated the requirement of unanimity in Civil cases and 2 states have done so in Criminal cases.
What can the appellate court determine?
Can overturn how the judge used the Law, not facts.
What do Lawyers do in the Courts?
Present the evidence, the points of law,
the arguments that are weighed by juries and judges in making their decisions.
Lawyer's first duty is?
To administration of Justice
Lawyer's list of duties is?
provide to each client the highest degree of
fidelity, loyalty, and integrity.
Lawyers serves 3 roles?
To encourage full disclosure by a client, the rules of evidence provide?
Confidential communications to a Lawyer are privileged. attorney client privilege.
What are the 2 major court systems?
50 States courts
What are the 3 levels of Federal and most state courts?
Trial courts -lawsuits begin here.
Court of appeals -appellate court
Supreme Courts -appellate court
Subject matter jurisdiction is what?
The power of a court, at state or federal level, to hear a case. To hear any type of case
-Some states trial courts have general jurisdiction-power to hear any type of case.
-limited jurisdiction - power to hear only certain types of cases.
Jurisdiction may be limited by?
amount in controversy
location in which the parties live
-Creates order and efficiency
Limited jurisdiction courts have jurisdiction for which types of cases?
-Probate-wills and estates
-Juvenile - juvenile and dependent children
-Criminal and police courts -violators of state laws and municipal ordinances
How many states elect judges?
What sources govern the operations of state court systems?
1. State constitutions
2. State legislature - enacts statutes
3. other legislation - general rules of procedure
What are trial courts also called?
Trial courts determine both the facts and the law in the case.
What percentage of complaints are settled/fully resolved at the trial court level?
States with two levels of reviewing courts, what are the courts called?
1. Intermediate court usually called Courts of Appeal (3-5 Judges)
2. Supreme court (Court of final resort) (7-9 Judges)
>>Cases travel from Trial to Courts of Appeal to Supreme Court.
The writ of certiorari is what?
The procedure for requesting a 2nd review, some states call it a petition for leave to appeal.
Less than 5% of all requests are granted.
What is a small claims court?
handles business between businesses and its customers. Maximum amount of $25,000
What constitutional article gives power to Congress to create courts?
Article II of the Constitution - provides power to be vested in the Supreme court and lower courts.
Federal courts judicial power extends to matters involving?
1. questions of federal law
2. US as a party
3. State disagreements
4. suits between citizens of different states (diversity of citizenship)
Federal courts have subject matter jurisdiction over federal question cases and diversity of citizenship cases.
Federal question cases involve what types, what subject matter jurisdiction?
Issues arising out of US constitution or Federal statues.
5 employment discrimination
6. right guaranteed by the Bill of Rights
*Any amount of money maybe involved
*or violation of a constitutional right ie. Bill of Rights.