Lesson 7 - Common law court structure

Question 1

Which of the following is NOT a name for the ‘first level’ of court?

Answer 1

court of public opinion

Question 2

hat are the items and documents connected to the case, such as pictures, clothes, weapons, papers, etc brought into court by the parties to prove their case?

Answer 2

exhibit

Question 3

If the parties are unhappy with the trial court’s decision - and less face it, one or even sometimes both, usually are - than they need to take the case to a higher court. The next level of court is called the …

Answer 3

the appellate court

Question 4

At the appellate court level, the parties to the lawsuit are referred to as …

Answer 4

petitioner / respondent

or appellant / appellee

Question 5

The documents submitted by the lawyers presenting your legal arguments on appeal are called …

Answer 5

briefs

Question 6

One of the major reasons appellate courts in common law jurisdictions do not hear new evidence/witnesses is because …

Answer 6

There are a number of reasons why, again, unlike in Germany, the facts as found by the trial court are not questionable on appeal and/or new factual evidence or witnesses are not allowed to be presented to the appeal court.

But perhaps the most important reason is that, if new facts and new evidence were admissible on appeal, it would make a mockery of the jury system, and in so doing, in its function as a democratic check on the powers of the state.

As Appellate courts are fond of saying, they “don’t sit as a thirteenth juror” to second-guess the jury’s verdict or a trial judge’s resolution of disputed factual issues.

If they did, the jury would be a mere potemkin village, meaning a facade without anything behind it.

Question 7

When a court decides a specific, narrow, point of law, we say the court …

Answer 7

ruled

Question 8

When a court, after a trial, disposes of the entire lawsuit, we say the court …

Answer 8

held

Remember: when a court gives its decision after a trial = “the court held X”

Remember: when a court decides about facts = “the court found Y”

Question 9

If the appellate court agrees with the holding of the lower court, they …

Answer 9

affirm

Question 10

If the appellate court disagrees with the holding of the lower court, they …

Answer 10

reverse

Question 11

If the appellate court disagrees with the holding of the lower court, AND they send it back to the trial court , they …

Answer 11

reverse and remand

Question 12

The term used when a court offers a way to fix a problem (a solution) is called a …

Answer 12

cure