Ch.2 - The courts Flashcards
What court system is this?
1. Pretrial
2. Trial court
3. Appellate court
State court system
Small claims court.
-District judges, magistrate, alderman, ect.
Limited jurisdiction
Pretrial
Small claims court (pretrial) that deals in small dollar amounts, landlord/tenant, ect
Civil court
Contains the following
-Preliminary arraignment (advising the accused of the charges) bail is set
-Preliminary trial of hearing appead deneuvo
Criminal court
Getting a new trial if lost the preliminary hearing
Appead deneuvo
Handles worker’s compensation, unemployment, department of revenue, ect.
-Appellate review
Administrative agencies
Looks at the documents from a trial and determines if the the right decision was made
Appellate review. (different from appeal deneuvo which is a whole new case)
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
Federal court of appeals
Reviews decisions of special federal courts.
-Ex. Court of international trade, US court of federal claims
Court of appeals for federal circut
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
United states supreme court
Order to produce record of a case.
-Application required for supreme court to hear a case
Writ of Certiorari
What are the state level court devisions?
-Inferior courts
-Courts of original general jurisdiction
-Appellate courts
-Special courts
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
Inferior court
Court of record in which case is first tried.
-Broad jurisdiction over disputes with less than 2 parties or crime offenses against a state
Court of original jurisdiction
Court in which official record of the proceedings is kept.
-Ex. testimony, evidence, judgement, ect.
Court of records
Courts where people go when they are dissatisfied with a ruling.
Appellate courts
-State court of appeals: intermediate appellate court
-State supreme court: highest court in most states
What are some examples of special courts?
- Probate court: handles wills and estates
- Juvenile court: handles delinquent, dependent and neglected children
- Domestic relations: handles divorce and child custody
What are the levels of charge in court officers?
- Chief officers - judges, justice of peace, magistrate, trial justice
- Executive officer - Constable or bailiff (sheriff in state, marshal in federal)
Law specifying how actions are filed and what trial procedure to follow
Procedural law
- Person who begins a civil case
- Person who case is being filed against
- Plantiff
- Defendant
What is the procedure in a civil suit?
- Filing a suit
- Notice of suit sent to defendant with a time to respond
- Response from defendant where they admit or deny facts alleged (limited number of days)
- Discovery - obtaining relevant information (interrogations. depositions, admissions, medical exams. ect.)
- Fact finding - if a disagreement occurs, a jury will be summoned (sometimes a judge can be jury)
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
Tort
Person who causes injury
Tortfeassor
What must the plaintiff show in order for something to be ruled an intentional tort?
- An act by the defendant
- An intention to cause the consequences of the act
- Causation
