Chapter 3 Flashcards
3 forms of settling disputes
litigation
lawsuit
ADR
Discovery
investigative process in lawsuits
Cause legal costs to soar
judge vs justice
judge - trial court level - 1st impartial person
justice - appellate court level - only deal w/ issues of law
Trial court
initial trial of a case
Hear facts, see witnesses
trial judge
Determine rule of law
Finder of facts w/ no jury
jurors
fact-finding body - usually 12
Hear all evidence, make decisions for court based on facts
can judge overrule jury verdict?
Yes
lawyers
considered officers of the court
lawyer roles
counselor/advisor for client
Advocate for ppl coming before court
Bound to duty of administration of justice to court system
different court systems
trial court
appellate court
supreme court
jurisdiction of court systems
the power/ability of hearing a case
Must have personal jurisdiction over the parties
Power to bring parties into the courtroom
what grants the state court system authority?
state constitution
make up of appellate court
review questions of law arising from trial court
consists of 3-9 justices
only get 1 right to an appeal
small claims court
Dollar limitation - usually $5,000
Handles litigation between business and customers
benefits of small claims court
informal, low costs, simplified procedures
Federal courts jurisdictions
federal law questions
Where us government is a party
Disagreement btn state gov
Suits between citizens of diff states
issues that appear in federal court
U.S. constitution issues
federal statute issues - interpretation
no $ limit
writ of certiorari
grant of allowance to proceed to Supreme Court
what can take place in supreme court
Federal importance - constitutional issue
Conflicting decisions of U.S. circuit courts
decision becomes “law of the land”
4/9 supreme court judges have to agree to be heard
judicial restraint
judicial philosophy that encourages judges to limit their power and defer to other branches of government
Followers are constructionist - cases decided on narrowest possible grounded and as the founding fathers wanted
Precedent based
judicial activism
judicial philosophy that allows judges to interpret the law in a way that considers broader social implications
Favor a more expansive role of court system
Constitution construed to current times
Cardozo 5 Forces that shape a judges work
Logic
History
Custom
Utility
Accepted standards of right conduct
