General: Court System Flashcards
Role of the Courts
Serve to interpret and apply the law
Courts must have a dispute to order to act
Trial court
Two or more parties have a dispute that they cannot resolve and may end up in court and ask the court decide the matter for them.
Decisions can be appealed to a higher court.
Disputes in court are often settled prior trial. If trial is necessary, parties submit evidence and testimony to the court If jury Trial, the jury decides the facts of the court. If bench trial, there is no jury and the judge decides the outcome of the case
Intermediate Appellate Courts
These are between Trial courts and highest court Known as court of appeals Looks for errors of law or serious factual errors
Not a second chance for a trial; more chance to fix any serious errors committed by the trial court Courts of appeals decisions may sometimes be appealed to the highest court, supreme court T
he Supreme Court is the court of last resort, last step in the appeals process. Lower courts must follow the precedent set by the Supreme Court in most circumstances
Federal system of government - Jurisdiction
Federal and state courts each having unique jurisdiction Jurisdiction refers to the authority of court to hear and decide upon the matter
Can come form geographic area; or type of case — bankruptcy and admiralty cases are heard in federal court.
Family and real estate in state courts.
Other examples veterans or probate
