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WVU BCOR 320 - Federal Courts

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BCOR 320 1nd Edition Lecture 4Federal courts:-A claim based on the U.S constitution, a federal statue, or a federal treaty. Federal Question Cases: -When the plaintiff and defendant are citizens of two different states and amount in disputes of 75,000. Diversity Cases:-U.S district courts are primary trial courts. 94 districts. Specialized trial courts. Trial courts:-U.S courts of appeal are intermediate courts divided into circuits. Highest appeal courts.Class actions:-The plaintiff evidence that the wrong in question has affected a large number of unrelated persons the suit may become a class-action suit, with the plaintiff representing an entire class of plaintiffs. Default Judgment:-if the defendant fails to answer in time, the plaintiff will ask for default judgment, meaning an automatic win without a trial. Summary judgment:-a ruling by the courts that no trial is necessary because there are no essential facts in dispute, maybe request by either side. Final preparation:-if the case is to proceed to trial, both sides make a list of witnesses and rehearse questions with their own witness.Adversary system: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.-the truth will be found if lawyers are allowed to question witness for both sides. Burden of proof:-the plaintiff must convince the jury that its version of the case is correct. --Civil case: preponderance of evidence--Criminal case: beyond reasonable doubtJury Instructions:-The judge instructs the jury to evaluate the case solely on facts of evidence presented. Deliberation and Verdict:-the jury discusses the case for as long as needed. Sometimes it must be unanimous other times majority. At least 7 or 10-2


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