Module Two: Legal Procedures

Question 1

Criminal Law: who brings the case, what the penalties are, and what’s the burden of proof

Answer 1

gov’t acting behalf of society to enforce criminal statutes, guilty can be fined or imprisoned or sentenced to death, proof beyond a reasonable doubt 75-85% surety - State or federal government against defendant

Question 2

Civil Law: who brings the case, what the penalties are, and what’s the burden of proof

Answer 2

lawsuits between two parties (which one could include the government), looking for monetary damages or specific performance - no criminal penalties, burden of proof by preponderance of evidence, 51%, more likely than not to have occurred - Plaintiff against defendant

Question 3

Three parts of Court System

Answer 3

Trail, Appellate, Supreme

Question 4

Role of Trial Court

Answer 4

argue factual issues in dispute b/w two parties, adjudicating facts based on settled legal principles, Can be only before a judge in which judge is fact finder, or opt for trial by jury in civil case (judge is arbiter of law, not deciding the facts)

Question 5

Role of Appellate Courts

Answer 5

Losing party can appeal trial court’s decision, were procedures followed correctly and whether the law applied was correctly applied, will generally defer to the judge if there are only small errors
-Appeal of right: right to see if the trial court got it correct
-Can affirm what happened in trial, reverse because the trial error is so grievous, vacate and remand - case is determined it was handled incorrectly, sent back to trial, or instruct lower court to enter a judgement in accordance with appellate court’s opinion

Question 6

Role of Supreme Court

Answer 6

administers the legal system as a whole, Discretionary review of uniformity in application of the law,
Discretionary appeal: is there an aspect of the case that the Supreme Court needs to address for uniformity/national importance.
Must file petition for certiorari, Supreme Court issues Writs of Certiorari,
US Supreme Court cannot overturn ruling of state Supreme Court unless the decision violates federal law or US Constitution

Question 7

Civil Suit requirements

Answer 7

“standing” - actual harm or imminent peril must have occurred; Federal Court guided by Federal Rules of Civil Procedure, States create own rules of procedure

Question 8

Civil Burden of Proof, Filing

Answer 8

Plaintiff has the burden of proving 51% the defendant did it
1. file Complaint listing law believe to be violated
2. defendant must Answer denying, admitting, or affirmative defense (yes, but); can file counterclaim
rule 12b: 3. defendant’s motion to dismiss due to incorrect court, 12b6: failure to state a claim on which relief cannot be granted

Question 9

Civil Discovery, Judgment

Answer 9

3. Discovery: relevant info, interviews, documents, testimony under oath
4. Summary Judgment (rule 56) present case in lieu of jury trial if it’s only a question of legality or not

Question 10

Motion of Directed Verdict

Answer 10

asks judge to direct the jury how they should rule because evidence is in regard to only a matter of legality (not negligence)

Question 11

Appellant v. Appellee

Answer 11

Appellant disagrees with trial court decision, appellee defending trial’s findings

Question 12

Civil Appellate Review process

Answer 12

No trial, briefs, oral arguments before judge panel; case complete after their decision

Question 13

Res Judicata

Answer 13

the thing has been decided, cannot bring a case after an appeal is completed in this or any other court

Question 14

Writ of Habeas Corpus

Answer 14

In Criminal Trial: defendant can elevate state court and state appellate court decision to a Federal court claiming state is holding them in violation of their US Constitutional rights

Question 15

Federal Court Jurisdiction

Answer 15

Federal courts can only hear a case that’s listed under Constitution Article III or Diversity Jurisdiction: suit brought by parties of two different domicile states, even if it’s a state law issue, protect against inherent local bias

Question 16

Factors deciding Jurisdiction

Answer 16

1. plaintiff’s decision, 2. defendant’s Constitutional Due Process right to be heard in their state, 3. traditional: someone in the state physically or citizen of., 4. consent (contract agreement where suit would be handled)

Question 17

Pleadings

Answer 17

formal court documents of the case: Ex: complaint and answer