Acct 324 1st Edition Lecture 3 Outline of Last Lecture I Business Ethics and The Ethical Dilemma II The U S Legal System Outline of Current Lecture I Finishing up The U S Legal System II Steps in Civil Litigation III Contracts Current Lecture I Finishing up The U S Legal System The Federal Court System These notes will allow you to understand this slide Trial starts in a general federal court If one side or the other is not happy the case will go to the District Court of Appeals If the verdict reached is still not satisfactory for both sides the Supreme Court may pick it up State Systems II State trails of small matters 7500 and under will start in Small Matter Court aka Majesties Court If either part appeals the case it will go the Intermediate Court of Appeals If it must go up from there the case will go to the State Supreme Court Steps in Civil Litigation Steps in Civil Litigation These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Pleadings Petition filed by the plaintiff Could include any counter suits by the defendant Service of Process When the defendant gets served notice that they re being sued You ve been served Defendant s Response defendant can motion to dismiss choose to respond or Four Terms that you need to know when it comes to the verdict of a trial In accordance with Verdict Have the judgment recorded so it can be enforced Notwithstanding verdict Losing team can say the verdict by jury was incorrect and ask the judge to rule correctly Motion for new trial similar to retrial Appellate Procedure Affirm modify or Remand Remand appellate court sends it back to first court and says they must rehear the case III Contracts Contracts To have a legal and binding contract it must have a few things 1 Agreement Offer and Acceptance Consists of an offer by a party and acceptance by an offeree 2 Mutual Consideration Bargain for exchange or what each party gets in return ex 3 commission for selling a house 3 Legal Purpose has to be legal purpose i e no contract for murder 4 Legal Capacity must be able to understand the terms of the contract 2 Terms you need to know Lack of Genuine assent When you sign a contract under duress it is not valid i e if someone put a gun to your head and made you sign it Lack of proper form requirements When for example an oral contract must be in writing to be enforceable State Common Law The Uniform Commercial Code Governs the sale of goods