Ch. 3 Flashcards
(26 cards)
Appellate Brief
Written arguments on the issue of law, submitted by the opposing attorney
Appellate courts
Decide whether there were errors of law I. The trial- examines transcripts
Arbitrator
Holds an informal hearing to determine what happened
Legally binding for both parties
Article III of the US Constitution
Provides for the creation of the federal judicial system
Brief
A written argument
Court
Impose punishment, award damages, and grant appropriate relief
Federal Courts of Appeal
Appellate Jurisdiction over district courts
Review trial transcripts, appellate briefs and oral arguments of the attorneys to reach a decision
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Federal district Courts
Lowest level in the federal court system with general jurisdiction
Federal Legal System
3 branches of Government
Legislative
Judicial
Executive
Judge
Makes determinations of the law in court cases
If a jury is not requested in a court case, the judge will make factual determinations
Small claims court cases are tried before a judge
Justice
Title of a judge sitting o. The US Supreme Court
Juvenile Courts
Emphasis for juveniles generally is on rehabilitation, not punishment.
Records are closed
Litigate
Resolve a dispute in court
Marshal
Summon witnesses, maintains court order in federal court
Mediator
Develop a solution acceptable to both sides of the dipute
Decision made is not laegally binding
Municipal Courts
Administer City Ordinances- divided in Criminal and traffic divisions
Probate Courts
Administer Wills and Estates
Small Claims Court
hears minor individual suits- attorney not required- no jury
Limited by the amount of money involved in the litigation
State Court of Appeals
Panel of 3 judges
State Legal System
3 branches of government
State Supreme Court
Decisions can be overturned by a constitutional amendment
Transcript
Verbatim record of the trails proceeding
Trial Courts
Dispute is first heard- decide matters of facts- bears witness testify
US Supreme Court
Original jurisdiction over all cases I. This country
