Business Law- Chapter 3 Court System – Flashcards
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Trial Courts
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-Place where case begins -Jury hears cases and decides disputed issues of fact -Single judge presides over case
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Appelate Court
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Review actions of trial court Usually have published opinions for uniformity and consistency No trials held - panel of judges hears case
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Judicial Review
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-determine whether error was made -transcript is reviewed -all other evidence is reviewed -parties submit written briefs to summarize the evidence and issues
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Oral arugments may be made in a panel of how many judges?
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3, but us supreme court has nine.
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en blanc
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full bench hears case
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reversabl error
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error that may affect outcome
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Possible actions of reviewing court (appellate)
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affirm reverse remand modify
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affirm
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no reversable error and decision stands
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reverse
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reversable error and decision is reversed
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remand
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error that requires further proceedings
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modify
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can change ruling of lower court
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Statutory Interpretion
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courts at appellate level can review statutory application can determine of statute
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Judicial Review and case precedent
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The doctrine of stare decisis
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interpretating precedent
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-The rule of law in the case is precedent -dicta is not the precedent -dicta is the discussion of the revelant law
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Jurisdiction
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the authority of a court to hear a case
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types of jurisdiction
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-subject matter jurisdiction is jurisdiction over the subject matter of the case
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personam jurisdiction
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jurisdiction over the parties in a case
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Federal District Court
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general trial court of the federal system
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Specialized courts
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courts of limited original jurisction
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Federal District Court
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one issue arises is what law will be applied to the case
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Courts of Appeal
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formally konwn as a US Circuit court of appeals
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Supreme Court
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must decide to review cases
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General Trial Court
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usually called superior, circuit, district, or county court.
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Lesser Courts
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small claims- lesser damage claims, no lawyer
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Justice of the Peace Courts
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-smaller damage claims -lawyers permitted to appear
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Traffic court-
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for citations
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Probate Courts
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for wills, guardianships, conservatory, ect.
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Venue
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location of court in the system w/i a jurisdiction
