1. Courts and Court Systems Chapter 2

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.

3. Copyright © 2007 Thomson Delmar Learning 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

4. Copyright © 2007 Thomson Delmar Learning Courts in General Not all courts are the same Differences: –Types of cases –Jury or no jury –Number of judges

5. Copyright © 2007 Thomson Delmar Learning Jurisdiction General –Most state trial courts –Jurisdiction over all cases unless exempted Specific –Jurisdiction only as the legislature or enabling authority provides

6. Copyright © 2007 Thomson Delmar Learning 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

7. Copyright © 2007 Thomson Delmar Learning Evidence Real (demonstrative) Circumstantial Testimonial Direct

8. Copyright © 2007 Thomson Delmar Learning Four Parts of a Lawsuit AppealDiscovery Trial Pleadings

9. Copyright © 2007 Thomson Delmar Learning Pleadings Plaintiff –Files a complaint –Initiates legal proceeding –Is nothing more than an accusation

10. Copyright © 2007 Thomson Delmar Learning Pleadings Defendant –Files an answer –Denies or admits accusations –May file counterclaim –May bring in third parties –May ask that case be dismissed

11. Copyright © 2007 Thomson Delmar Learning Four Parts of a Lawsuit Appeal Discovery Trial Pleadings

12. Copyright © 2007 Thomson Delmar Learning Discovery Lengthy period prior to trial Purpose –Interrogatories –Depositions –Requests for production or admission

13. Copyright © 2007 Thomson Delmar Learning Four Parts of a Lawsuit AppealDiscovery Trial Pleadings

14. Copyright © 2007 Thomson Delmar Learning 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

15. Copyright © 2007 Thomson Delmar Learning 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

16. Copyright © 2007 Thomson Delmar Learning 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

17. Copyright © 2007 Thomson Delmar Learning By a Fair Preponderance of Evidence Standard civil burden

18. Copyright © 2007 Thomson Delmar Learning Beyond a Reasonable Doubt Standard criminal burden

19. Copyright © 2007 Thomson Delmar Learning Clear and Convincing Rarely used burden

20. Copyright © 2007 Thomson Delmar Learning Four Parts of a Lawsuit Appeal Discovery Trial Pleadings

21. Copyright © 2007 Thomson Delmar Learning Appeals Ensure that the procedure followed at trial and the rulings of law made by the trial judge follow established and fair legal procedures

22. Copyright © 2007 Thomson Delmar Learning 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

23. Federal Court System Supreme Court (Final Appeal) Circuit Court of Appeals (Initial Appeal) Federal District Court (Trial Court)

24. State Court Systems State Supreme Court (Court of Appeals) Superior Court

25. Copyright © 2007 Thomson Delmar Learning Federal Jurisdiction Limited Federal jurisdiction is in the Constitution –Includes jurisdiction of federal courts Some common cases –Civil rights –Constitutional rights –Federal crimes

26. Copyright © 2007 Thomson Delmar Learning 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

27. Copyright © 2007 Thomson Delmar Learning 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”

28. Copyright © 2007 Thomson Delmar Learning 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

29. Copyright © 2007 Thomson Delmar Learning 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

30. Copyright © 2007 Thomson Delmar Learning 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

31. Copyright © 2007 Thomson Delmar Learning Legal Research Case books –Text of the written decisions by judges Statute books Digests –Summaries of cases Legal encyclopedias

32. Copyright © 2007 Thomson Delmar Learning 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

33. Copyright © 2007 Thomson Delmar Learning Legal Arguments Framing the issue –Stating an issue in such a way that a commonsense answer will favor one’s position –Example: staffing

34. Copyright © 2007 Thomson Delmar Learning Summary Liability = fault Criminal liability versus civil liability Four parts to a lawsuit Precedent Jurisdiction Legal research