WVU BCOR 320 - Federal Courts (2 pages)

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Federal Courts

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Federal Courts


Lecture number:
Lecture Note
West Virginia University
Bcor 320 - Legal Environment of Business

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BCOR 320 1nd Edition Lecture 4 Federal 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 doubt Jury 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 vote

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