Ba 200 1st EditionExam # 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 beginso Jury hears cases and decides disputed issues of faceo Single judge presides over case- Appellate Courtso Review actions of trial courto Usually have published opinions for uniformity and consistencyo 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 outcomeo Possible actions of reviewing court  Affirm—no reversible error and decision standsThese 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 Systemo Plaintiffs Initiate the lawsuits  Called petitioners in some caseso Defendant  Alleged to have violated some right of the plaintiff Party named in the suit for recoveryo 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 committedo Judges Can control proceedings or outcomes Can be elected or appointed- Federal District Courto 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 Courto Must decide to review cases Issues writs of certiorari on those cases they will review-determined by therule of fouro 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 Courto Usually called superior, circuit, district, or county court- Lesser Courtso Small claims: Lesser damage claims, no Lawyero Justice of the Peace courts:o Smaller damage claimso Lawyers permitted to appearo Traffic courts : For citationso Probate courts: For wills, guardianships, conservatorships, etc.Chapter 4 - ADR-Arbitration Dispute ResolutionTypes of ADR- Arbitration—Oldest Form of ADRo Parties submit grievances and evidence to a third party expert in an informal settingo American Arbitration Association provides many arbitrators and ruleso Advantages  Less formality  Handled privately Moves faster than a trial Expert handles the caseso 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 Acto Passed to stop judicial interference with arbitrationo Courts now rarely interfere with arbitration clauses in consumer contractso Courts now rarely interfere with arbitration decisions- Arbitration Processo Parties agree to submit to arbitrationo American Arbitration Association (AAA) can handle the proceedings for a feeo Demand for arbitration is filedo Arbitrator is selected- Mediationo Parties use a go-between to negotiate and communicateo Used in international transactionso Mediator can offer suggestions for resolutiono Not bindingWhen you are in litigation - People Begin Civil Lawsuitso System does not do it for themo Based on a claim of righto Lawsuits are efforts of individuals to enforce their rightso 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 businesseso 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 serverso 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 plaintifffor 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 upo 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 factso 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 privilegeo 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 listso Voir dire Used to narrow