Ch 3 Flashcards
Basic role of jurors
Jurors find or determine facts from conflicting evidenced
The facts as found by the jury are given in great deference
Basic role of judges
Judges apply the law to the facts
Basic role of lawyers
Lawyers present evidence to the jury and argue the law
To the court for making decisions
Serve as representative advocates in our court system
Judges vs. justices
Judges- trial court persons
Observe and apply constitutional limitations and guarantees
Justices- reviewing court persons
Do more than simply deciding an appeal, they give reasons for
It
The reasoned decisions of justices
Become precedent and part of body of law
Appellate judge
Justice, they come up with legislature
Trial by jury is a cherished right guaranteed by…
Which Ammendments guarantee jury at which types of cases?
The Bill of Rights
6th and 7th Ammendments guarantee right to trial by jury
For civil and criminal cases
Petit jury
Trial jury that returns verdict in civil and criminal cases
Usual number of people in juries today?
The quality of the jury depends upon the ability to…
6 or 12
Get competent and dedicated citizens to serve
In most states decisions of juries must be…
Unanimous
But many states are starting to eliminate this due to mistrials
Deadlocked by margins of 11-1
Wy are juries not required to give reasons for their decisions?
It would be almost impossible for members of jury to agree
On same reasons for the verdict
The lawyer’s first duty is to…
And that issues are tried on their…
The administration of justice, that issues are tried on their
merits only
Lawyer’s duties to each client require…
The highest degree of fidelity, loyalty and integrity
What 3 capacities does a lawyer serve as?
1 counselor
2 advocate
3 public servant
Lawyer: counselor
Lawyer know’s his client’s most important secrets and affairs
Is actively involved in client’s personal decisions ranging
From business affairs and family matters (divorce, alleged
criminal violations)
To encourage full disclosure by a client, the rules of evidence provide that…
Attorney-client privilege
Confidential communications to a lawyer are privileged
The law does not permit a lawyer to reveal facts or testify
against a client, even if Called to do so in trial
2 major court systems in the united states?
1 federal courts
2 50 state courts
The federal court system and those in most state contain which 3 levels?
1 trial courts
2 court of appeals
3 supreme courts
Where do lawsuits begin and where might they get reviewed?
Lawsuits begin in the trial court level
May be reviewed in 1 or more of the other 2 appellate court
Levels
Subject matter jurisdiction
Required For any court to hear and decide a case at any level
Power over issues involved in the case
Probate courts
Deal with wills and estates of deceased persons
Juvenile courts
Deal with juvenile crime and dependent children
Criminal and police courts
Traffic courts
Deal with violators of state laws and municipal ordinances
Traffic courts deal with traffic violations
State court systems are created and their operations are governed from which 3 sources?
1 state constitutions
2 state legislature
3 rules set by each state court
State constitutions
Provide general framework for court system
State legislature, define, 4 things it establishes
Pursuant of constitutional authority enacts statutes that add
To body if framework
Legislation establishes for courts their jurisdiction, regulates
Tenure, selection, duties of judges
Trial courts
In trial courts parties file their lawsuits or complaints seeking
To protect their property rights or redress their wrong doing
Responsible for determining both facts and law in a case
Appellate courts
Parties to litigations are entitled as matter of right to review
Their case by higher court
Appeal
If requirements of procedural law are followed in seeking
Review
2 levels of reviewing courts?
1 intermediate level
2 court of final resort
In states with 2 levels of review the intermediate courts are usually called?
The highest court is called?
Courts of appeal
Supreme court
Supreme court
Has 7 to 9 judges
Reviews the most important cases
Intermediate courts
3 to 5 judges
Lower of 2 courts reviews the bulk of the cases
Writ of certiorari AKA petition for leave to appeal
Procedure for requesting a 2nd review
Only 5% of such requests are granted
Small claims court
Handles much of the litigation between businesses and
It customers
Used by businesses to collect accounts
Used by customers to settle minor financial disputes with
Business community
The judicial power of federal courts has been limited by…
Congress
4 of the Federal Court Systems
1 questions of federal law (federal question cases)
2 United States as a party
3 controversies among states
4 certain suits between citizens of different states (diversity
Of citizens)
Federal courts have subject matter jurisdiction over…
Federal question cases and diversity of citizenship cases
Federal question cases
Based on issues arising out of US constitution or federal
statutes
Any amount of money may be involved in the case
Ex. Civil actions may involve federal laws dealing with taxes, patents, copyrights, trademarks, employment discrimination
Diversity of citizenship
Requires that all plaintiffs be citizens of different states from
All defendants
This causes federal jurisdiction
Federal district courts, define, where are they located? 5 things they have the authority to do?
Trial courts of federal judicial system
At least 1 in every state and D.C.
Have authority to review lawsuits, receive evidence,
Evaluated testimony, impanel juries, resolve disputes
Federal Rules of Civil Procedure
Provide details concerning procedures to be followed in
Federal court litigation
Rules are strictly enforced by courts and must be followed
By parties in every lawsuit
How many appellate courts are there
Congress created 12 US Courts of Appeal + a special
Court of Appeals for the a Federal Circuit (intermediate
Appellate court)
Court of Appeals (intermediate Appellate Court)
Special reviewing court located in Washington DC
Hears appeals from special courts such as US claims Court
And Contract Appeals, administrative decisions as
Those made by the Patent and Trademark Office
Writ of centiorari
4 US Supreme Court Justices must vote yes to grant
this petition
Allows for subsequent appeal (review) by the US supreme
court
When are writs of centiorari primarily granted?
In cases of substantial federal importance or where there
Is obvious conflict btw 2 or more US Circuit Courts of Appeal
Federal district courts and the courts of appeal cannot…
Review, retry or correct judicial errors charged against a
State court
Judiciary AKA Judicial Review
Power to review laws passed by legislative body and executive branch (president) and declare Them unconstitutional and void
Judicial restraint
power shouldn’t be used except in Unusual cases
Judicial activism
Power should be used whenever the needs of society
Justify it’s use
Strict constructionists
Believe the Constitution should be interpreted in light
Of what the founding fathers intended
Put great weight on debates of Constitutional Convention
And language of the constitution
Judicial abstention
Courts should decide only those matters they must to
resolve actual cases and controversies before them
Abstain from deciding issues whenever possible
Doubts of constitutionality should be resolved in favor of
statute
Judicial restraint jurists
Have deep commitment to precedent
Only overrule cases when prior decision is clearly wrong
Reform to them is not function of courts but function of
Political process
