Chapter 2: Resolution Of Private Disputes

Question 1

State Court Systems

Answer 1

1) Trial Courts
2) Appellate Courts
3) Jurisdiction

Question 2

Trial Courts

Answer 2

1) They find relevant facts
2) Identify the appropriate rules/laws 3) combine the facts and law to reach a decision (IRAC) Issue, Rule, Application, Conclusion

● They are not governed by subject matter restrictions; they keep detailed records of hearings, trials and proceedings (why is this important) = Keeping detailed records of their proceedings is essential for transparency, accountability, appellate review, and preserving a historical record of legal proceedings.

Question 3

Appellate Courts

Answer 3

• What do they decide? Legal questions - decide questions of law, not fact; hears appeals of a trial court or other lower tribunal

● Do they receive new evidence? Normally, no. They base decisions on what happened in the trial court.
● Do they retry the case? No, they don’t retry cases. They review legal issues, not facts.

● What do they do? They make sure the law was applied correctly in the trial court and issue decisions based on that review.

Question 4

Jurisdiction

Answer 4

Parties - who is who , person bringing the lawsuit (plaintiff) and the one being sued (defendant).

● Subject-Matter jurisdiction
○ What is it - authority of a court to hear and decide legal cases.

Question 5

In Personam Jurisdiction

Answer 5

Court’s authority over a specific person or entity. In most cases, if a court has In Personam Jurisdiction over a defendant, that defendant is required to appear in court when summoned.