Chapter 3 The US legal system 1 Flashcards
courts power to hear cases and render decisions that bind the parties before them
jurisdiction
(courts of original jurisdiction, courts of common please, county courts) - have the power to hear and decide cases when they first enter the legal system (the parties present evidence and call witnesses to testify)
trial courts
have the power to review previous judicial decisions to determine whether trial courts erred in their decisions (do not hold trials)(handle questions of law not questions of fact)
appallate courts
an issue concerning the interpretation of application of a law (whether the first amendment protects the students right to utter racial slurs)
questions of law
a question about an event or characteristic in a case (whether a student yelled racial slurs on a college campus)
questions of fact
who can decide questions of law
only judges
who decides questions of fact
trial court
the court in which a case is first heard
court of original jurisdiction
a trial with no jury (the judge decides questions of fact)
bench trial
is a courts power to render a decision affecting the rights of the specific persons before the court (courts power to exercise this extends only over a specific geographic region)
in personam jurisdiction
The person or party who initiates a lawsuit (an action) before a court by filing a complaint with the clerk of the court against the defendant(s)
plaintiff
The person, party, or entity against whom a civil or criminal lawsuit is filed in a court of law.
defendant
A formal written document that begins a civil lawsuit; contains the plaintiff’s list of allegations against the defendant, along with the damages the plaintiff seeks
complaint
a court order that notifies the defendant of the lawsuit and explains how and when to respond to the complaint
summons
the procedure by which courts present these documents to defendants
service of process