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Legal Business 1 > Ch 3 > Flashcards

Ch 3 Flashcards

(53 cards)

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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

Study These Flashcards
A

Deal with juvenile crime and dependent children

22
Q

Criminal and police courts

Traffic courts

Study These Flashcards
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?

Study These Flashcards
A

1 state constitutions

2 state legislature

3 rules set by each state court

24
State constitutions
Provide general framework for court system
25
State legislature, define, 4 things it establishes
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
Trial courts
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
Appellate courts
Parties to litigations are entitled as matter of right to review Their case by higher court
28
Appeal
If requirements of procedural law are followed in seeking | Review
29
2 levels of reviewing courts?
1 intermediate level 2 court of final resort
30
In states with 2 levels of review the intermediate courts are usually called? The highest court is called?
Courts of appeal Supreme court
31
Supreme court
Has 7 to 9 judges Reviews the most important cases
32
Intermediate courts
3 to 5 judges Lower of 2 courts reviews the bulk of the cases
33
Writ of certiorari AKA petition for leave to appeal
Procedure for requesting a 2nd review Only 5% of such requests are granted
34
Small claims court
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
The judicial power of federal courts has been limited by...
Congress
36
4 of the Federal Court Systems
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
Federal courts have subject matter jurisdiction over...
Federal question cases and diversity of citizenship cases
38
Federal question cases
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
Diversity of citizenship
Requires that all plaintiffs be citizens of different states from All defendants This causes federal jurisdiction
40
Federal district courts, define, where are they located? 5 things they have the authority to do?
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
Federal Rules of Civil Procedure
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
How many appellate courts are there
Congress created 12 US Courts of Appeal + a special Court of Appeals for the a Federal Circuit (intermediate Appellate court)
43
Court of Appeals (intermediate Appellate Court)
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
Writ of centiorari
4 US Supreme Court Justices must vote yes to grant this petition Allows for subsequent appeal (review) by the US supreme court
45
When are writs of centiorari primarily granted?
In cases of substantial federal importance or where there | Is obvious conflict btw 2 or more US Circuit Courts of Appeal
46
Federal district courts and the courts of appeal cannot...
Review, retry or correct judicial errors charged against a | State court
47
Judiciary AKA Judicial Review
Power to review laws passed by legislative body and executive branch (president) and declare Them unconstitutional and void
48
Judicial restraint
power shouldn't be used except in Unusual cases
49
Judicial activism
Power should be used whenever the needs of society | Justify it's use
50
Strict constructionists
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
Judicial abstention
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
Judicial restraint jurists
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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