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Trial Courts- Where you start a case- Partieso Plaintiff (π): they initiate the lawsuito Defendant (Δ): they are forced to come to court to defend themselveso Judge: the party that presides over the hearing. Their function is to apply the law to the case. Before jury deliberation, they read a set of instructions of the law to the juryo Jury of Peers: their function is to determine the facts in the case- Procedural Differenceso Evidence is presentedo Witnesses are called- Transcripto Official record of what happenedAppellate Courts- Court of appeals; when you lose a case- Partieso Appellant (Petitioner): theyfile the appealo Appellee (Respondent): the party whom the appeal is being filed againsto Justices (3+): they are looking for errors of law- Procedural Differenceso No jury, no witnesseso First thing to be done: a brief is written (it is a very long writing where the attorney cites the errors of law); it includes what prior cases relate to this case, argument in writingo The appellee writes a briefo “Friend of the Court” brief: done by an outside party or industryo Next, there is an oral argument – however, the justices can interrupt whenever they wanto Lastly, there is an “impression vote”- Opiniono Official record of what happened; authored by a justice that voted with the majorityCase Citation- WWWVWagon Corporation v. Woodson , 100 S.Ct. 559 (1980).o Case , Volume S.Ct. Page # (Year).- Jannusch v. Naffziger , 883 N.E. 2d 711 (Ill. Ct. App. 2008).o Case , Volume N.E. Series # Page # (Illinois Court of Appeals Year).Decisions- Affirm (the lower court’s decision)o There was NO error of law- Reverse (the lower court’s decision)o There WAS an error of law- Reverse and Remando There was an error of law. The lower court’s decision needs to be sent back to trial. Double jeopardy does not play into this situation because it is a continuation of the original trial.Types of Opinions- Majority Opiniono Written opinion authored by a justice of the majority.o It is a legally controlling decision; it sets the precedent.- Dissenting Opiniono Written opinion authored by a justice of the minority. J.Smith, Dissenting.o It can NOT be cited as precedent.- Concurring Opiniono Written opinion authored by a justice of the majority.o They felt so strongly about the case that they needed to write their own opinion.Briefing a Case1. Name of case2. Actiona. Divorce; criminal; tort; appellate; etc.3. Factsa. Brief summary4. Issuea. The legal issue the court is there to answer5. Ruling6. Reasoninga. Why did they win?Defining the Term, “Law”- Scheme of social controlDoctrine of Separation of Powers- Horizontal: three separate but equal branches of governmento Federal – State – City – Townshipo President – Governor – Mayor (executive branch)o Congress – General Assembly – City Council – Board of Trustees (legislative branch)- Vertical: federalism- The Power of Judicial Reviewo Marbury v. Madison (1803 U.S. Supreme Court Case) President Adams made several “Midnight Appointees” the night before he finished up his term. Jefferson didn’t want to appoint all of these people, so he told the Secretary of State (Madison) to not appoint these people. Marbury wanted his position and commission, so he sued. This decision created the Power of Judicial Review! Chief Justice = Marshall. He found this as an opportunity to give the courts more power than what they weren’t granted in Article III.Sources of the Law- Constitutionso U.S. Constitution It is the ultimate source of law The first three articles determine our three branches of government Article III gives judicial branch their power. It gives Congress power to create courts when necessary.o State constitutions- Statuteso U.S. Code (passed by Congress, signed by the President)o Ohio Revised Code (state statutes)o Ordinance (city level)o Board resolutions (townships)- Case Law – Common Lawo Precedent-oriented legal system Definition of precedent- Prior decisions are legally binding on future decisions Reasons for following precedent- To prevent chaos Reasons to deviate from precedent- Distinguish facts; shows precedential cases are not applicable to your case- Old precedent obsolete- Erroneous decision; the judge misinterpreted the law Classifying legal systems- Civil system v. Common law systemo Civil systems (Spain, France – Louisiana, Italy, and Portugal) don’t set precedent; they have less cases, but way more statutes Administrative law- Made by administrative agencies- Federal = SEC, IRS, EPA- Local = zoning boards, health boards Executive orders Treaties- Agreements with foreign countries- Entered by President with advice and consent of SenateClassifying Laws1. Procedural Laws v. Substantive Lawsa. Procedural Laws: laws of the game; how long will…? What evidence is admissible? Etc.b. Substantive Laws: guts of controversy; failure to stop car in time, etc.2. Public Laws v. Private Lawsa. Public Laws: all of usi. Criminal laws (city ordinances)ii. Administrative lawsiii. Constitutional lawsb. Private Laws: affects a couple entitiesi. Contract lawii. Property lawiii. Torts (wrongdoing on a person; malpractice, personal injury)Classifying types of casesCivil Cases Criminal Cases- Plaintiffso v.- Purposeso Compensate innocent victim- Procedureso Time frame: 2-3 yearso Grand jury: NOo Burdens of proof: Clear and convincingevidence standard: 65-75% Preponderance of the evidence standard/manifest weight of the evidence standard: 51%o Which burden of proof to use is dependent on what type of remedy the plaintiff is seeking- Plaintiffso Government/state represented by prosecutor- Purposeso To punish wrongdoer- Procedureso Time frame: 1 yearo Grand jury: YES; issues indictment or dismisses case; normally about 23 peers; they meet with the prosecutor to see if the evidence is sufficient to proceed to trialo Burdens of proof: Beyond a reasonable doubt: 90-95%o Which burden of proof to use is dependent on what type of remedy theplaintiff is seekingPetit jury: presides at both types of trials; jury duty; determines the factsTypes of civil remedies:- Remedies at law (legal remedies) v. remedies at equity (equitable remedies)o Remedies at law: $$ monetary damageso Remedies at equity: do something or stop from doing something- Historical developmento King of England; Church officials presides over equity- Typical remedies at law ($$ damages)o Burden


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