Law and Justice

Question 1

Trial Courts

Answer 1

-Listen to testimony
-Hear evidence
-Decide the facts in disputed situations

Question 2

2 Main Types of Courts

Answer 2

Trial Courts and Appeal Courts

Question 3

Appeal Courts

Answer 3

Courts that hear appeals from lower courts:
-NO new evidence
-NO new testimony
-Decide whether the lower courts issued a fair trial

Question 4

2 Types of Trials

Answer 4

Civil Trials and Criminal Trials

Question 5

5 Aspects of Civil Trials:

Answer 5

Initiated By: A citizen against another citizen
Intent/Outcomes: Collect Damages ($$$)
Burden of Proof: More likely guilty than not guilty
Witness/Testimony: Anyone
Jury/Lawyers: No jury and no lawyers; judge questions plaintiff, defendant, and witnesses who testify

Question 6

5 Aspects of Criminal Trials

Answer 6

Intent/Outcomes: Prove someone is guilty of committing a crime
Initiated By: Government against a citizen
Witness/Testimony: Select individuals (victim, bystanders, the accused sometimes (5th Am.))
Jury/Lawyers: Have Lawyers and Juries; Lawyers do questioning, judges keep order
Burden of Proof: High: “Beyond a reasonable doubt”

Question 7

Adversarial System:

Answer 7

Role of Judge: Don’t do questioning (done by lawyers); keep order
Role of Parties: Active; full control over proceedings; prepare their cases
Legal Representation: Lawyers: vital; handle case preparations, question witnesses
Rules of Ev/Proc.: Strict rules of evidence, fair and unbiased
Standard and B.o.P: Criminal Case: “Beyond Reasonable Doubt”
Civil Case: More likely guilty than not guilty
Wants: Justice
Common In: Criminal Cases, U.S.

Question 8

Inquisitorial System

Answer 8

Role of Judge: Handle all questioning/proceedings, decide verdict, no lawyers/jury usually
Role of Parties: Answer questioning, prepare their own cases, present evidence
Legal Rep.: Usually none
Rules of Ev./Proc: Not strict; looks at all evidence no matter how it was found
Burden of Proof: Not as strict; “More likely than not”
Common in: Civil trials, Europe
Wants: Truth

Question 9

Advantages/Disadvantages of Adversarial System:

Answer 9

-Slower
-More favorable for the accused; PROTECTS RIGHTS

Question 10

Advantages/Disadvantages of Inquisitorial System:

Answer 10

-Faster
-More favorable for the accuser; less focused on rights of the accused
-Finds the truth

Question 11

Jurisdiction

Answer 11

The authority of a court to hear a case

Question 12

Original jurisdiction

Answer 12

The case is being heard for the first time in a court

Question 13

Appellate jurisdiction

Answer 13

When courts hear appeals from lower courts:
-No new evidence/testimony
-Decide whether the lower court(s) provided a fair & unbiased trial

Question 14

North Dakota Courts:

Answer 14

Level 3: Municipal Courts:
-Jurisdiction over city ordinances
-90 in ND (over 5,000 pop.)
-Only Og. Jurisdiction since nothing is below them
Level 2: District Courts:
-8 Judicial Districts
-52 judges w/ 6-year terms
-Og. and App. jurisdiction
Level 1: Supreme Court:
-5 justices elected to 10 yr. terms
-Og. and Appellate jurisdiction

Question 15

Federal Court Levels:

Answer 15

Level 3: District Courts:
-94 in nation
-Judges are nominated by Pres. and confirmed by Majority of Senate
-Only Og. Jurisdiction
-Bankruptcy, civil rights, public lands, fraud, tax evasion, etc…
Level 2: Court of Appeals:
-12 regional circuits
-3 judges and no jury
-Only appellate jurisdiction
-Judges nominated/ confirmed
Level 1: U.S. Supreme Court
-9 Justices app./confirmed
-Og. and App. jurisdiction
-Can’t appeal verdict without a whole new case

Question 16

Court of Federal Claims

Answer 16

-Gov. can’t be sued without its consent
-Claims for damages against the government
-16 judges app./confirmed to 15 yr. terms

Question 17

U.S. Court of International Trade

Answer 17

-Civil cases relating to tariffs or other trade-related laws
-9 judges app./confirmed (serve for life)
-Trials in major port cities

Question 18

U.S. Court of Appeals for the Federal Circuit

Answer 18

-Hears Appeals from court of fed. claims and court of international trade ONLY
-12 judges app./confirmed panels of 3, serve for life
-Appeals go to Supreme Court

Question 19

Legislative/Special Courts

Answer 19

Created by Congress to hear cases arising out of some of the expressed powers given to congress in Article I:
-District of Columbia courts
-U.S tax courts
-Courts of appeals for veterans claims
-Military tribunal
-courts of appeals for armed forces

Question 20

Military Tribunals

Answer 20

-Designed to try members of enemy forces
-Inquisitorial system
-Accused are held in military custody
-Accused of a violation of the rules of war