Basic Law Flashcards
US court system
Federal: trial court is “district court”, then 13 courts of appeal (intermediate level), then Supreme Court. Everyone has the right to appeal to the intermediate system, but you must ask permission to be reviewed by USSC.
State: trial courts -> intermediate courts -> supreme courts. Certain cases may go from state SC to USSC.
hierarchy of authority
Constitution trumps statutes, statutes trump court decisions
court dispositions
affirm
reverse
vacate
modify
remand
stare decisis
let the decision stand
purpose of civil system
make the injured party whole
matters of fact
ascertained by the senses or by testimony of witnesses; determined by the trier of fact (jury or judge)
matters of law
decided upon by the application of the statutory rules or the principles of law; determined by the judge. Matters of law are the only thing that can be appealed.
4 ways a judge can dismiss a case
Demurrer (pre-trial)
Summary judgment (pre-trial)
Directed verdict
Judgment not withstanding
demurrer
before the case goes to trial, the judge can say there’s no cause of action
summary judgment
before the case goes to trial, a judge can dismiss a civil action as a matter of law if there’s no genuine issue of material fact
directed verdict
once a trial has begun, at end of prosecution’s case the defense can request the case be dismissed as a matter of law (“the prosecution hasn’t even come close to proving beyond a reasonable doubt”); or after the defense puts on its case, the defense can ask that the judge dismiss the case as a matter of law
judgment not withstanding the verdict (n.o.v.)
when the judge disagrees with a jury’s decision, as a matter of law
appellate court decision basis
Appellate courts do not hear new evidence. They review the trial court record and briefs by attorneys. They decide whether or not there were errors of law.
types of errors of law
Harmless: a judge’s decision that would not have affected the outcome of the case.
Reversible: a judge’s error that may have led to a different outcome (e.g. an improper charge to the jury or admitting inadmissible evidence).
habeus corpus
“you have the body”; when an atty files a writ challenging whether a prisoner is restrained by proper due process; may apply to jailed or psychiatrically hospitalized person.
categories of burden of proof
burden of production and burden of persuasion
burden of production
which side must raise the issue. E.g. in an affirmative defense (self-defense, duress, or insanity), the burden of production is on the defense. If they don’t raise the issue, the jury will not be charged with the issue.
burden of persuasion
once an issue has been raised, who has the burden of persuasion? E.g. for insanity, in the majority of states, it falls on the defense to show either by a preponderance or clear and convincing evidence, that the person is legally insane. In 5 states, when the burden of production is raised by the defense, sanity must be proved by the prosecution beyond a reasonable doubt (i.e. the burden can shift, creating a distinction between who raises the issue and who has to show that it is true).
standards of proof
reason to believe < probable cause < preponderance of the evidence < clear and convincing < beyond a reasonable doubt
standard of proof for civic cases
preponderance of the evidence
clear and convincing standard
when the stakes are higher than money but less than a felony conviction. ~75%.
(civil commitment, taking away parental rights, deportation, and denaturalization)
