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Business Law > Ch. 3 The Court System > Flashcards

Ch. 3 The Court System Flashcards

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1
Q

How do we enforce our laws in a property based legal system?

A

The court system

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2
Q

People who operate the courts?

A

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

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3
Q

Rules in the court?

A

Procedural and substantive

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4
Q

Who oversees the trail of the case where facts are found, and initial rule?

A

Trial Judge - concerned with issues of fact

  • determines rules of law
  • renders a decision
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5
Q

Who is the fact finding body of the court?

A

Jury- or petit jury in trial jury.

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6
Q

What Amendments to the Constitution guarantee the

right of trial by jury?

A

6th and 7th

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7
Q

Federal rules of Civil Procedure states for the number of jurors?

A

6-12

Many are tried as 6 person juries today

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8
Q

Are all jury decisions required to be unanimous?

A

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.

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9
Q

What can the appellate court determine?

A

Can overturn how the judge used the Law, not facts.

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10
Q

What do Lawyers do in the Courts?

A

Present the evidence, the points of law,

the arguments that are weighed by juries and judges in making their decisions.

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11
Q

Lawyer’s first duty is?

A

To administration of Justice

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12
Q

Lawyer’s list of duties is?

A

provide to each client the highest degree of

fidelity, loyalty, and integrity.

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13
Q

Lawyers serves 3 roles?

A

Counselor
Advocate
Public Servant

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14
Q

To encourage full disclosure by a client, the rules of evidence provide?

A

Confidential communications to a Lawyer are privileged. attorney client privilege.

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15
Q

What are the 2 major court systems?

A

Federal courts

50 States courts

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16
Q

What are the 3 levels of Federal and most state courts?

A

Trial courts -lawsuits begin here.
Court of appeals -appellate court
Supreme Courts -appellate court

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17
Q

Subject matter jurisdiction is what?

A

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.
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18
Q

Jurisdiction may be limited by?

A

subject matter
amount in controversy
location in which the parties live
-Creates order and efficiency

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19
Q

Limited jurisdiction courts have jurisdiction for which types of cases?

A
  • Probate-wills and estates
  • Juvenile - juvenile and dependent children
  • Criminal and police courts -violators of state laws and municipal ordinances
  • Traffic courts
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20
Q

How many states elect judges?

A

39

21
Q

What sources govern the operations of state court systems?

A

3 sources:

  1. State constitutions
  2. State legislature - enacts statutes
  3. other legislation - general rules of procedure
22
Q

What are trial courts also called?

A

Superior court
circuit court
district court
Trial courts determine both the facts and the law in the case.

23
Q

What percentage of complaints are settled/fully resolved at the trial court level?

A

95%-98%

24
Q

States with two levels of reviewing courts, what are the courts called?

A
  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.
25
Q

The writ of certiorari is what?

A

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.

26
Q

What is a small claims court?

A

handles business between businesses and its customers. Maximum amount of $25,000

27
Q

What constitutional article gives power to Congress to create courts?

A

Article II of the Constitution - provides power to be vested in the Supreme court and lower courts.

28
Q

Federal courts judicial power extends to matters involving?

A
  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.
29
Q

Federal question cases involve what types, what subject matter jurisdiction?

A

Issues arising out of US constitution or Federal statues.
1. patents
2. copyrights
3. trademarks
4 taxes
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.

30
Q

What is diversity of citizenship jurisdiction?

A

requires that all plaintiffs be citizens of different states from all defendants.

  • Corporations considered persons
  • Corporation is a citizen of the state of incorporation and its principle place of business
  • jurisdictional amount MORE THAN $75,000
31
Q

How many judges in the supreme court?

A

9 justices

32
Q

How man courts of Appeals are there?

A

12 circuits courts of Appeal + 1 special Court of Appeals for Federal Circuit

33
Q

What are the federal courts?

A

they are trial courts of the federal jurisdiction system

-One in every state and DC.

34
Q

District courts have the authority to review what in a case?

A 
Review lawsuits
receive evidence
evaluate testimony
impanel juries
resolve disputes
-significant federal litigation begins in district court.
35
Q

What does the Federal Rules of Civil Procedure provide?

A

details concerning procedure in federal court litigation

36
Q

What does the Court of Appeals for Federal Circuit review?

A

Federal Circuit court located in DC

  • US Claims court and Contract Appeals
  • Administrative decisions such as those made by the Patent and Trademark office
37
Q

To obtain a review by the Supreme court, what is the process?

A

File a petition for a writ of certiorari.

4 US Supreme court Justices must vote Yes to grant the petition.

38
Q

writ of certiorari are granted for which types of cases?

A

cases of substantial federal importance, major constitutional issues or
where there is a conflict between decisions of 2 or more US circuit Courts of Appeal in an important area of the law.

39
Q

Power of judicial review came from what SC case?

A

Marbury v. Madison

https://en.wikipedia.org/wiki/Marbury_v._Madison

40
Q

What is judicial review?

A

Ultimate power to invalidate actions by the President or Congress.
-the most significant power of the courts is Judicial review.

41
Q

What is Judicial Restraint?

A

Belief that Power should not be used except in unusual cases.
LIMITED ROLE for the courts
Don’t use Social, political, and economic issues to bring about change.

42
Q

Do conservative or liberal judges like Judicial Restraint?

A

Conservatives agree with it

43
Q

What is Judicial Restraint philosophy?

A

The Philosophy is referred as strict constructionism or judicial abstention.

44
Q

What is Judicial Activism?

A

-Belief -must provide leadership in bringing about social, political, and economic change
-decided within the context of current society
-MORE EXPENSIVE role for the courts.
Less reliance on precedent.

45
Q

Conservative or Liberal judges like Judicial Activism?

A

Liberal judges

46
Q

Why is Judicial review important?

A

It is the most significant power of the courts which enables them to review laws passed by the legislative body and to declare them to be unconstitutional and void.

47
Q

What is the Nature of the Judicial Process? how to come to a result.

A

cases to be decided/courts can
Use existing statutes and precedent
Create law where none exists
Refuse to apply case law or find constitutional

48
Q

Will a ruling provide justice and sound precedent?

A

A ruling can create law in the process through making new precedent

49
Q

What is essence of judicial duty?

A

the court must determine which of these conflicting rules govern the case:
Constitution or
Law

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