Courts and Court Systems Chapter 2. Copyright © 2007 Thomson Delmar Learning Objectives Explain the...

Courts and Court Systems

Chapter 2

Copyright © 2007 Thomson Delmar Learning

Objectives

• Explain the difference between trial and appellate courts.

• Explain the difference between the role of a judge and a jury at trial.

• Explain the difference between questions of law and questions of fact.


• Explain why the jurisdiction of federal courts is limited.

• Explain why the jurisdiction of state courts is general.

• Identify four phases of a lawsuit.

• Explain stare decisis and precedent.

Objectives


Courts in General

• Not all courts are the same

• Differences:– Types of cases– Jury or no jury– Number of judges


Jurisdiction

• General– Most state trial courts– Jurisdiction over all cases unless exempted

• Specific– Jurisdiction only as the legislature or enabling

authority provides


Trial Courts and Appellate Courts

• Trial courts– What we normally associate with a court– Where lawsuits are filed– Where the jury hears evidence

• Appellate courts– Hear appeals from trial courts


Evidence

• Real (demonstrative)

• Circumstantial

• Testimonial

• Direct


Four Parts of a Lawsuit

AppealDiscovery Trial

Pleadings


Pleadings

• Plaintiff– Files a complaint– Initiates legal proceeding– Is nothing more than an accusation


Pleadings

• Defendant – Files an answer– Denies or admits accusations– May file counterclaim– May bring in third parties– May ask that case be dismissed



Appeal

Discovery

TrialPleadings


Discovery

• Lengthy period prior to trial

• Purpose– Interrogatories– Depositions– Requests for production or admission



AppealDiscovery

TrialPleadings


Trial

• Judge and jury serve to decide a case

• Single judge oversees a trial

• Not all cases require a jury

• Not all courts provide for a jury


Bench Trials

• In some cases there are factual questions– Case may still be decided solely by a judge

• Judge serves as both trier of fact and trier of law


Burden of Proof

• Responsibility of a party in a case is to prove that the events occurred

• Party bringing the action usually has burden of proof

• Burden for criminal suit

• Burden for civil suit


By a Fair Preponderance of Evidence

Standard civil burden


Beyond a Reasonable Doubt

Standard criminal burden


Clear and Convincing

Rarely used burden



Appeal

Discovery TrialPleadings


Appeals

• Ensure that the procedure followed at trial and the rulings of law made by the trial judge follow established and fair legal procedures


• Only questions of law may be appealed

• Cannot appeal a jury’s verdict

• Multi-judge panel– Usually from three to nine judges– Appellate systems differ from state to state– State systems differ from federal system

Appeals

Federal Court System

• Supreme Court (Final Appeal)

• Circuit Court of Appeals (Initial Appeal)

• Federal District Court (Trial Court)

State Court Systems

State Supreme Court

(Court of Appeals)

Superior Court


Federal Jurisdiction

• Limited • Federal jurisdiction is in the Constitution

– Includes jurisdiction of federal courts

• Some common cases– Civil rights– Constitutional rights– Federal crimes


State Jurisdiction

• Broad jurisdiction over civil and criminal matters – Personal injury, breach of contract, wills/estates,

real estate– Murder, rape, robbery, burglary, arson, DWI,

reckless driving, assault


Stare Decisis

• Latin term– “Let the decision stand”

• Once a court makes a decision on a given legal principle, all courts in the same jurisdiction are bound to follow it in the future

• Gives rise to the concept of “precedent”


Precedent

• Allows lawyers and people to transact their business without having to guess how the same legal situation will be interpreted in the future

• Precedent only applies to courts in same jurisdiction


Precedent—Exceptions

• Courts– Revisit precedent from past cases– Try to distinguish the case they are deciding – Separate it from the case precedent before they

deviate from the precedent– Courts do not always adhere to precedent– Establish new precedent when warranted


Lawsuits and the Media

• Factors leading to less-than-accurate news accounts about lawsuits:– Deadlines– Complex issues versus short time allotted for

coverage– Tendency to sensationalize


Legal Research

• Case books– Text of the written decisions by judges

• Statute books

• Digests– Summaries of cases

• Legal encyclopedias


• Practice books– Help a legal practitioner advise a client– Usually limited to a specific area of law– Often include

• Synopsis of law• Legal checklists• Forms and sample documents

Legal Research


Legal Arguments

• Framing the issue– Stating an issue in such a way that a

commonsense answer will favor one’s position– Example: staffing


Summary

• Liability = fault

• Criminal liability versus civil liability

• Four parts to a lawsuit

• Precedent

• Jurisdiction

• Legal research

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Courts and Court Systems Chapter 2. Copyright © 2007 Thomson Delmar Learning Objectives Explain the...

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