Legal Environment of Business Class Notes 08 31 12 Introductory material on page 3 terms to be defined Procedural differences covered on pages 113 115 Trial courts where the case begins 67 68 Plaintiff person bringing about the lawsuit filed it doing the suing uses pi sign page 90 Defendant person being brought to court on charges has to defend themselves uses delta symbol Judge party who resides the trial applies the law reads instructions to jury 62 63 Jury group of people picked determine if the facts are true choose a verdict Trial is place where evidence is presented by both parties Judge can overrule a verdict if they think jury was emotionally involved or there were theatrics by one of the parties Official record judge s judgment transcript pg 51 contains daily record of what happened during trial Appellate Courts courts of appeal 67 68 Case opinions review the case look for errors of law Trial court cases can be appealed to appellate court unless you haven t proved grounds for appeal have a time limit to appeal by No longer call witnesses or provide evidence Party filing appeal Appellant Petitioner 112 113 Party against appeal Appellee Respondent 112 113 Justices aka Judges minimum of 3 always an odd number party only needs majority vote to win 62 63 No juries File a brief the only opportunity to argue the case to the justices Errors of law declining a motion that should ve been allowed objection practices use transcript to document errors Synopsis of history of the case Cite all prior relevant cases Prior Case Law past precedence Written argument Date is set for Oral Argument each party has a chance to argue their case with an equal amount of time However justices can interrupt and ask questions which will dwindle the time Justices meet in secret and take a vote One justice who voted with the majority is tasked with writing the case opinion the official record of what happened at the trial They are then published Case Citation address to look up case pg 51 Ill Ct App Illinois Court of Appeals court reporters Worldwide Volkswagen Case page 95 Appellate v Appellee S Ct Supreme Court Region N E North East court reporters 2nd 2nd round of reporters Number before reporter name volume Number after reporter name page number of volume Page 4 of Outline Pg 113 At the end of each case you ll find one of these words Affirmed Agrees with the court underneath them party that files the appeal loses Reverse Disagrees with the court underneath them party that files the appeal wins Reverse Remand There was an error of law that was so crucial to the outcome of the trial that the only way to know the outcome is to send the case back down for a new trial Retrial Right against Double jeopardy Cannot be tried twice for the same crime by the same governmental Reverse remand doesn t count because it is considered a continuation of the first trial institution Types of Opinions Page 114 Majority opinion Kennedy J name of justice who authored the opinion Carries weight is legally binding for future decisions Dissenting opinion authored by one of the justices who voted with minority Has no legal clout Concurring opinion written by one of the justices who voted with the majority but reached the same conclusion through a different analysis of the law Carries no legal precedence Dicta pg 52 part in majority opinion where authoring justice gets way off track has no legal precedence Page 7 8 study tip Briefing a case Break it down into it s components Class Notes 9 5 12 Page 13 of Outline Chapter One Law defined on pages 39 40 and pages 45 46 Defined as a scheme of social control Define law by looking at where our law comes from the sources of our law Doctrine of Separation of Powers pg 818 819 Who will have the governing power Horizontal three separate but equal branches of government Executive Federal President State Governor Local Mayor Legislative creates laws Congress General Assembly City Council Judicial reviews actions of other branches of government Article 3 of the Constitution Courts federal and state level Checks and balances congress has to vote to pass a law but the President has to sign it or veto it Federal Government Vertical federalism pg 819 two levels of government operating simultaneously Only the Federal Government can enter into treaties with foreign countries Power of Judicial Review pg 74 75 power of judicial branch to review the actions of the State and Local Government other branches Marbury v Madison 1803 U S Supreme Court Case Need to know for test Established Power of Judicial Review Sources of the Law Constitution US Constitution is supreme law of the land federal level pg 49 State constitutions Statutes laws coming from the legislative branch signed by head of executive branch pg 49 50 Federal U S Code state ex Ohio Revised Code local ordinances board resolutions Case Law Common Law pg 51 52 Precedent Oriented Legal System Erroneous Decision reason to overturn prior case Obsolete advances in technology education scientific another reason to overturn Distinguish Facts Classifying Legal Systems two types Common Law 49 states follow this legal system based off England s common law legal system since that s where we originated pg 51 52 Civil Law Japan France Spain and Louisiana French Spanish descent Differences between two Common law cases Doctrine of Precedent pg 50 Prior legal decisions on a topic are legally binding on future decisions on that topic More efficient fair creates stability in the law consistency predictability Civil Law based more on statutes don t follow Doctrine of Precendent Administrative Law pg 50 51 Ch 7 Administrative agencies can hold hearings Executive Orders coming from Executive Branch can be challenged in court Treaties President enters into treaties with advice from Senate Procedural Laws rules of the game how long do I have to file my lawsuit procedures of trial rules of Page 15 Classifying Laws pg 48 49 evidence Substantive Laws Public Laws areas of law that apply to all of society Criminal Law Administrative Law Constitutional Law Private Laws Contract K Law Property cases corporate law Tort Law Class Notes 9 7 12 pg 15 of outline Two types of juries Petit jury receive notice from court randomly chosen Grand jury 192 194 only exists in criminal cases meets with prosecutor only shortly after defendant is arrested randomly selected secretive meetings determine if there s enough evidence to send the case to trial majority vote to win Bind over
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