Ba 200 1st Edition Exam 1 Study Guide Exam 1 will cover Chapters 3 and 4 The Court Systems and Alternatives Chapter 2 Ethics and Chapter 5 and Appendix A The Constitution and Business 80 questions Chapter 3 Trial Courts o Place where case begins o Jury hears cases and decides disputed issues of face o Single judge presides over case Appellate Courts o Review actions of trial court o Usually have published opinions for uniformity and consistency o No trials held panel of judges hears cases Process of Judicial Review Appellate o Determine whether error was made o Transcript was reviewed o Oral arguments may be made before panel of judges Generally three judges but at US Supreme Court level it is nine En Banc full bench hears case 9 o Judges vote on whether there is reversible error Error that might have affected outcome o Possible actions of reviewing court Affirm no reversible error and decision stands 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 Reverse reversible error and decision is reversed Remand error that requires further proceedings Modify change ruling of lower court Parties in the Judicial System o Plaintiffs Initiate the lawsuits Called petitioners in some cases o Defendant Alleged to have violated some right of the plaintiff Party named in the suit for recovery o Lawyers Those who act as advocates for plaintiffs and defendants Have fiduciary relationship with clients Represent client and see that procedures are followed Privilege exists with client Must keep what client tells them confidential Exception is advance notice of crime to be committed o Judges Can control proceedings or outcomes Can be elected or appointed Federal District Court o General trial court of the federal system o Subject matter jurisdiction When U S is a party Federal question Diversity of citizenship when citizens are from different states must have people of two different states amount must be over 75 000 o 97 federal districts in the US each state has at least one Mississippi has 2 north and south Supreme Court o Must decide to review cases Issues writs of certiorari on those cases they will review determined by the rule of four o Has original jurisdiction for Disputes between or among states Charges of espionage or ambassadors of foreign consults o Nine judges with lifetime appointments o Supreme court you can have trial in State vs State Espionage foreign stuff General Trial Court o Usually called superior circuit district or county court Lesser Courts o Small claims Lesser damage claims no Lawyer o Justice of the Peace courts o Smaller damage claims o Lawyers permitted to appear o Traffic courts For citations o Probate courts For wills guardianships conservatorships etc Chapter 4 ADR Arbitration Dispute Resolution Types of ADR Arbitration Oldest Form of ADR o Parties submit grievances and evidence to a third party expert in an informal setting o American Arbitration Association provides many arbitrators and rules o Advantages Less formality Handled privately Moves faster than a trial Expert handles the cases o Disadvantage Arbitrator may not have legal training and may not understand the significance of legal points Rules of evidence do not apply Expense and complexity has increased Federal Arbitration Act o Passed to stop judicial interference with arbitration o Courts now rarely interfere with arbitration clauses in consumer contracts o Courts now rarely interfere with arbitration decisions Arbitration Process o Parties agree to submit to arbitration o American Arbitration Association AAA can handle the proceedings for a fee o Demand for arbitration is filed o Arbitrator is selected Mediation o Parties use a go between to negotiate and communicate o Used in international transactions o Mediator can offer suggestions for resolution o Not binding When you are in litigation People Begin Civil Lawsuits o System does not do it for them o Based on a claim of right o Lawsuits are efforts of individuals to enforce their rights o Step 1 Filing a Complaint or Petition Complaint is general statement of claim Must describe actions that led to claim of violation Must establish jurisdiction and venue of court in which it is filed Class actions are often filed against businesses o Step 2 Service of Process Complaint or petition and summons served on defendant Summons explains to defendant his her rights Delivered by an officer of the court or by licensed private process servers o Step 3 The Answer Content of answer Defendant can admit allegations in complaint are true Defendant can deny allegations in complaint Defendant can counterclaim effect is the defendant is also suing plaintiff for damages File within 20 30 days Failure to file an answer within the statutory time period is a default Time limits for filing answers are typically twenty to thirty days Like a forfeit in sports plaintiff wins because the defendant fails to show up o Step 4 Ending a Suit Through Motions Motion for judgment on the pleadings Even if everything the plaintiff said in the complaint were true there is no cause for action If court grants motion the case is over at the trial court level appeal is possible o Step 5 Pre Trial Motions Motion for summary judgment Appropriate in cases where there are no factual issues Used to resolve questions of law when the parties agree on the facts o Step 6 Discovery Forms of discovery to supplement evidence released Requests for admissions request from one party to another for the admission of facts so that proof requested at trial is limited Interrogatories written questions submitted to opposition Depositions statements of parties or witnesses taken under oath in an informal setting need to see how the witness is Request for mental or physical examination or for inspection Only relevant non privileged information is discoverable NO Work product Attorney client privilege Husband wife privilege o Step 7 The Trial Jury trial Required in cases where damages over 20 are claimed Absolute right to jury trial is only in criminal cases Jurors selected from voting or drivers license lists o Voir dire Used to narrow jurors for panel Ask questions about their knowledge of the case level of education background etc o Step 7 The Trial Plaintiff s case Presents witnesses direct examination Defendant can cross examine plaintiffs witnesses Opening Statement Gives summary of the case and witnesses and
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