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Legal Business 1 > Ch 3 > Flashcards

Ch 3 Flashcards

0
Q

Basic role of jurors

A

Jurors find or determine facts from conflicting evidenced

The facts as found by the jury are given in great deference

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1
Q

Basic role of judges

A

Judges apply the law to the facts

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2
Q

Basic role of lawyers

A

Lawyers present evidence to the jury and argue the law
To the court for making decisions

Serve as representative advocates in our court system

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3
Q

Judges vs. justices

A

Judges- trial court persons
Observe and apply constitutional limitations and guarantees

Justices- reviewing court persons
Do more than simply deciding an appeal, they give reasons for
It

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4
Q

The reasoned decisions of justices

A

Become precedent and part of body of law

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5
Q

Appellate judge

A

Justice, they come up with legislature

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6
Q

Trial by jury is a cherished right guaranteed by…

Which Ammendments guarantee jury at which types of cases?

A

The Bill of Rights

6th and 7th Ammendments guarantee right to trial by jury
For civil and criminal cases

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7
Q

Petit jury

A

Trial jury that returns verdict in civil and criminal cases

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8
Q

Usual number of people in juries today?

The quality of the jury depends upon the ability to…

A

6 or 12

Get competent and dedicated citizens to serve

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9
Q

In most states decisions of juries must be…

A

Unanimous

But many states are starting to eliminate this due to mistrials
Deadlocked by margins of 11-1

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10
Q

Wy are juries not required to give reasons for their decisions?

A

It would be almost impossible for members of jury to agree

On same reasons for the verdict

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11
Q

The lawyer’s first duty is to…

And that issues are tried on their…

A

The administration of justice, that issues are tried on their
merits only

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12
Q

Lawyer’s duties to each client require…

A

The highest degree of fidelity, loyalty and integrity

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13
Q

What 3 capacities does a lawyer serve as?

A

1 counselor

2 advocate

3 public servant

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14
Q

Lawyer: counselor

A

Lawyer know’s his client’s most important secrets and affairs

Is actively involved in client’s personal decisions ranging
From business affairs and family matters (divorce, alleged
criminal violations)

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15
Q

To encourage full disclosure by a client, the rules of evidence provide that…

Attorney-client privilege

A

Confidential communications to a lawyer are privileged

The law does not permit a lawyer to reveal facts or testify
against a client, even if Called to do so in trial

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16
Q

2 major court systems in the united states?

A

1 federal courts

2 50 state courts

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17
Q

The federal court system and those in most state contain which 3 levels?

A

1 trial courts

2 court of appeals

3 supreme courts

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18
Q

Where do lawsuits begin and where might they get reviewed?

A

Lawsuits begin in the trial court level

May be reviewed in 1 or more of the other 2 appellate court
Levels

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19
Q

Subject matter jurisdiction

A

Required For any court to hear and decide a case at any level

Power over issues involved in the case

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20
Q

Probate courts

A

Deal with wills and estates of deceased persons

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21
Q

Juvenile courts

A

Deal with juvenile crime and dependent children

22
Q

Criminal and police courts

Traffic courts

A

Deal with violators of state laws and municipal ordinances

Traffic courts deal with traffic violations

23
Q

State court systems are created and their operations are governed from which 3 sources?

A

1 state constitutions

2 state legislature

3 rules set by each state court

24
Q

State constitutions

A

Provide general framework for court system

25
Q

State legislature, define, 4 things it establishes

A

Pursuant of constitutional authority enacts statutes that add
To body if framework

Legislation establishes for courts their jurisdiction, regulates
Tenure, selection, duties of judges

26
Q

Trial courts

A

In trial courts parties file their lawsuits or complaints seeking
To protect their property rights or redress their wrong doing

Responsible for determining both facts and law in a case

27
Q

Appellate courts

A

Parties to litigations are entitled as matter of right to review
Their case by higher court

28
Q

Appeal

A

If requirements of procedural law are followed in seeking

Review

29
Q

2 levels of reviewing courts?

A

1 intermediate level

2 court of final resort

30
Q

In states with 2 levels of review the intermediate courts are usually called?

The highest court is called?

A

Courts of appeal

Supreme court

31
Q

Supreme court

A

Has 7 to 9 judges

Reviews the most important cases

32
Q

Intermediate courts

A

3 to 5 judges

Lower of 2 courts reviews the bulk of the cases

33
Q

Writ of certiorari AKA petition for leave to appeal

A

Procedure for requesting a 2nd review

Only 5% of such requests are granted

34
Q

Small claims court

A

Handles much of the litigation between businesses and
It customers

Used by businesses to collect accounts

Used by customers to settle minor financial disputes with
Business community

35
Q

The judicial power of federal courts has been limited by…

A

Congress

36
Q

4 of the Federal Court Systems

A

1 questions of federal law (federal question cases)
2 United States as a party
3 controversies among states
4 certain suits between citizens of different states (diversity
Of citizens)

37
Q

Federal courts have subject matter jurisdiction over…

A

Federal question cases and diversity of citizenship cases

38
Q

Federal question cases

A

Based on issues arising out of US constitution or federal
statutes

Any amount of money may be involved in the case

Ex. Civil actions may involve federal laws dealing with taxes, patents, copyrights, trademarks, employment discrimination

39
Q

Diversity of citizenship

A

Requires that all plaintiffs be citizens of different states from
All defendants

This causes federal jurisdiction

40
Q

Federal district courts, define, where are they located? 5 things they have the authority to do?

A

Trial courts of federal judicial system

At least 1 in every state and D.C.

Have authority to review lawsuits, receive evidence,
Evaluated testimony, impanel juries, resolve disputes

41
Q

Federal Rules of Civil Procedure

A

Provide details concerning procedures to be followed in
Federal court litigation

Rules are strictly enforced by courts and must be followed
By parties in every lawsuit

42
Q

How many appellate courts are there

A

Congress created 12 US Courts of Appeal + a special
Court of Appeals for the a Federal Circuit (intermediate
Appellate court)

43
Q

Court of Appeals (intermediate Appellate Court)

A

Special reviewing court located in Washington DC

Hears appeals from special courts such as US claims Court
And Contract Appeals, administrative decisions as
Those made by the Patent and Trademark Office

44
Q

Writ of centiorari

A

4 US Supreme Court Justices must vote yes to grant
this petition

Allows for subsequent appeal (review) by the US supreme
court

45
Q

When are writs of centiorari primarily granted?

A

In cases of substantial federal importance or where there

Is obvious conflict btw 2 or more US Circuit Courts of Appeal

46
Q

Federal district courts and the courts of appeal cannot…

A

Review, retry or correct judicial errors charged against a

State court

47
Q

Judiciary AKA Judicial Review

A

Power to review laws passed by legislative body and executive branch (president) and declare Them unconstitutional and void

48
Q

Judicial restraint

A

power shouldn’t be used except in Unusual cases

49
Q

Judicial activism

A

Power should be used whenever the needs of society

Justify it’s use

50
Q

Strict constructionists

A

Believe the Constitution should be interpreted in light
Of what the founding fathers intended

Put great weight on debates of Constitutional Convention
And language of the constitution

51
Q

Judicial abstention

A

Courts should decide only those matters they must to
resolve actual cases and controversies before them

Abstain from deciding issues whenever possible

Doubts of constitutionality should be resolved in favor of
statute

52
Q

Judicial restraint jurists

A

Have deep commitment to precedent

Only overrule cases when prior decision is clearly wrong

Reform to them is not function of courts but function of
Political process

Legal Business 1 (25 decks)

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