Ch.2 - The courts

Question 1

What court system is this?
1. Pretrial
2. Trial court
3. Appellate court

Answer 1

State court system

Question 2

Small claims court.
-District judges, magistrate, alderman, ect.
Limited jurisdiction

Answer 2

Pretrial

Question 3

Small claims court (pretrial) that deals in small dollar amounts, landlord/tenant, ect

Answer 3

Civil court

Question 4

Contains the following
-Preliminary arraignment (advising the accused of the charges) bail is set
-Preliminary trial of hearing appead deneuvo

Answer 4

Criminal court

Question 5

Getting a new trial if lost the preliminary hearing

Answer 5

Appead deneuvo

Question 6

Handles worker’s compensation, unemployment, department of revenue, ect.
-Appellate review

Answer 6

Administrative agencies

Question 7

Looks at the documents from a trial and determines if the the right decision was made

Answer 7

Appellate review. (different from appeal deneuvo which is a whole new case)

Question 8

Hears appeals from the federal district court and federal administrative agencies
-Decision is binding on all lower courts
-Hears appeals from the federal court system

Answer 8

Federal court of appeals

Question 9

Reviews decisions of special federal courts.
-Ex. Court of international trade, US court of federal claims

Answer 9

Court of appeals for federal circut

Question 10

Appellate jurisdiction in cases based on US constitution, federal law, or treaties.
-Has original jurisdiction in cases affecting ambassadors, public ministers, counsels, and cases in which a state is a party

Answer 10

United states supreme court

Question 11

Order to produce record of a case.
-Application required for supreme court to hear a case

Answer 11

Writ of Certiorari

Question 12

What are the state level court devisions?

Answer 12

-Inferior courts
-Courts of original general jurisdiction
-Appellate courts
-Special courts

Question 13

Trial court that only hears cases involving minor offenses and disputes
-Limited to a max amount of money or type of controversy
-Appeals to Original jurisdiction court

Answer 13

Inferior court

Question 14

Court of record in which case is first tried.
-Broad jurisdiction over disputes with less than 2 parties or crime offenses against a state

Answer 14

Court of original jurisdiction

Question 15

Court in which official record of the proceedings is kept.
-Ex. testimony, evidence, judgement, ect.

Answer 15

Court of records

Question 16

Courts where people go when they are dissatisfied with a ruling.

Answer 16

Appellate courts
-State court of appeals: intermediate appellate court
-State supreme court: highest court in most states

Question 17

What are some examples of special courts?

Answer 17

1. Probate court: handles wills and estates
2. Juvenile court: handles delinquent, dependent and neglected children
3. Domestic relations: handles divorce and child custody

Question 18

What are the levels of charge in court officers?

Answer 18

1. Chief officers - judges, justice of peace, magistrate, trial justice
2. Executive officer - Constable or bailiff (sheriff in state, marshal in federal)

Question 19

Law specifying how actions are filed and what trial procedure to follow

Answer 19

Procedural law

Question 20

1. Person who begins a civil case
2. Person who case is being filed against

Answer 20

1. Plantiff
2. Defendant

Question 21

What is the procedure in a civil suit?

Answer 21

1. Filing a suit
2. Notice of suit sent to defendant with a time to respond
3. Response from defendant where they admit or deny facts alleged (limited number of days)
4. Discovery - obtaining relevant information (interrogations. depositions, admissions, medical exams. ect.)
5. Fact finding - if a disagreement occurs, a jury will be summoned (sometimes a judge can be jury)

Question 22

Private wrong for which damages may be recovered
-an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability

Answer 22

Tort

Question 23

Person who causes injury

Answer 23

Tortfeassor

Question 24

What must the plaintiff show in order for something to be ruled an intentional tort?

Answer 24

1. An act by the defendant
2. An intention to cause the consequences of the act
3. Causation

Question 25

What must the plaintiff show in order to collect on a negligence tort?

Answer 25

1. A duty of the tortfeasor to the injured party
2. The breach of that duty
3. The breach was actual and a proximate cause of the injury
4. Injury or damages
   -Contributory negligence - in some states the plaintiff can not have also been negligent to collect
   -Comparative negligence - some states allow for plaintiff to partially recover based on percent of plaintiff negligence

Question 26

A tort caused by or involving a business

Answer 26

Business tort

Question 27

What are the common ways businesses become involved in torts?

Answer 27

1. Product liability - manufacturers, dealers, suppliers, and rental companies incur potential liability based on negligence or strict liability.
   -Negligence: design defect, failure to warn, use or condition of the product
   -Strict liability: Makes entities in chain of manufacturer liable without proof of negligence
2. Business activity - state laws vary, but plaintiff may recover based on conduct that causes
   -interference with a contract or economic advantage
   -confusion about a product