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Business Law > Unit 2 > Flashcards

Unit 2 Flashcards

1
Q

What issues do appellate courts review?

A

Law

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2
Q

What is the primary function of appellate courts?

A

review/correct errors of law
make laws

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3
Q

What is ceiling on small claims in NYS?

A

$10,000 Civil
$15,000 commercial

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4
Q

What is the highest court in NY?

A

NYS Court of appeals

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5
Q

What is probate court called in NY?

A

Surrogate’s Court

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6
Q

What does a probate court handle?

A

Wills & Estates; guardianship of assets of passed; trial court (3rd/4 state tier)

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7
Q

What is the NY State Supreme Court Called?

A

NYS Court of Appeals

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8
Q

What is the basic trial court called in NYS?

A

Supreme Court

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9
Q

What do Inferior Courts handle?

A

small claims court, marriage license, traffic court, pro se (do not need attorney); niche

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10
Q

Pro se

A

does not require attorney

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11
Q

Purpose of inferior courts?

A

to reduce load of cases in higher courts; more so menial

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12
Q

Describe Trial Court

A

3rd layer of state courts
jury decides credibility of evidence presented / issues of fact
judge facilitates procedural law (process and rights honored)

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13
Q

What is a bench trial? When would this occur?

A

Defendant waives the constitutional right to a jury of peers (6/7th Am.)
- Prosecution attorney cannot present motion
- only defense team
Judge is sole decision maker
Ex: crime where public is angry/bias may affect judgement

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14
Q

How many judicial District Courts in the US?

A

94 in all 50 states & territories

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15
Q

How many District Courts in NY?

A

4

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16
Q

Why and how do District Courts work?

A

examine evidence and determine what are facts to render decision;
generally a jury w/ a federal judge

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17
Q

What is a District Court?

A

lowest level of federal court system (basic trial court)
courts of original jurisdiction
population based (at least 1 per state)

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18
Q

Trial Jury vs Grand Jury

A

Trial: 6-12 people who listen to both sides and come to verdict (liable in civil, guilty in criminal); generally public, but jury deliberation private. Judge functions as facilitator in jury trials

Grand: (25 people) listen to prosecution & decide if should move forward w/ charges; defense can only argue

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19
Q

Why do jury trials diminish some appeal arguments?

A

Since verdict is determined/charged by citizens rather than attorney, harder to argue bias
Ex: high felony cases w/ people in office

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20
Q

How many speciality courts? Name them

A

7
Federal Claims, Tax, International Trade, Veteran Claims, District of Columbia, Territorial, Armed Forces

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21
Q

Court of Federal Claims (# judges, term limit, function)

A

16 Judges, Presidential nomination, 15-year term
Hear monetary claims founded upon the Constitution, federal statutes, executive regulations, or contracts w/ US
Any lawsuit filed against US
Ex: disputes arising out of commercial contracts w/ federal gov’t

22
Q

US Tax Court (# judges, term limit, function)

A

19 presidentially appointed members, confirmed by senate, no bias
Related to bankruptcy court
Includes transferee liability, certain types of declaratory judgments, administrative and litigation costs and the review of certain collection actions
Ex: fraudulent donations, tax evasion

23
Q

Court of International Trade (# judges, term limit, function)

A

9 Judges appointed by President
Jurisdiction of the court extends throughout US & authorized to hold hearing in foreign countries
Ex: Tariffs, trade disputes,
- Located in lower NYC: lots of traffic and one of largest ports

24
Q

US Court of Appeals for the Armed Forces

A

any dealing w/ cases starting as military tribunals; File appeals coming out will go here for appeal

25
Q

Adminstriative Agency Courts

A

Each agency has own “bubble” - break regulation, go to specific bubble
Agencies have their own courts - some work together
Hear disputes concerning the exercise of public power

26
Q

What is Adjudication?

A

when administriative courts examine someone/entity that violated regulations
- if broke and degree of deviation

27
Q

What is the reason for appeals?

A

prejudicial (procedural) error:
Error that occured in the lower court that severely affects the appellant’s rights

28
Q

Prejudicial Error

A

mistake about law/court procedures that cause substantial harm to the appellant; mistake in discretion by a judge

29
Q

Examples of Prejudicial Errors

A
  • Layer of admissible evidence
  • Disregard right to counsel or other amendments
  • Bias existed w/ judge or lawyer
  • recusal should have occurred but didn’t
  • Incorrect instructions to jury, bias of jury
  • Tampering of evidence
  • Inappropriate conduct - reach out to jury and shared info
30
Q

How many US Circuit Court of Appeals?

A

13
12 Regional (50 states)
1 Federal Circuit

31
Q

Where do cases from Speciality and Administrative Courts advance to?

A

US Circuit Court of Appeal (Federal Circuit)

32
Q

What circuit is NY in?

A

2nd

33
Q

Why do Circuit Courts of Appeal have no jury?

A

reviewing cases from lower courts; requires level of expertise/escalation of knowledge

34
Q

Describe a Circuit Court of Appeal

A

No jury, only panel of 3 justices
No new evidence or witness testimony
Review lawyer statements and transcript to determine if lower court made a prejudicial error

35
Q

What are the 4 appellate decisions?

A

1) Affirm: agree / uphold
2) Overturn/Reverse: disagree
3) Remand: return to lower court for new trial
4) Amend: change a charge or sentence, acknowledged guilt for different charges

36
Q

How many Justices on SCOTUS

A

9
8 Associate
1 Chief Justice

37
Q

Appointment Process for SCOTUS Justices & Term Limit

A

President appoints
Senate Judiciary Committee (22) examines
Senate confirms
SCOTUS is Lifetime appointment → unless impeached by the House and convicted in trial by the Senate

38
Q

Why does the Senate confirm SCOTUS Justices and not the House of Representatives?

A

Each state has equal vote
Any major task of review, confirmation, or trial occurs in senate because every state has equal voice

39
Q

What is Diplomatic Immunity? Give example.

A

being absolved from minor criminal behavior
- Rico charges: find lower level people and give immunity deals

40
Q

In what case would SCOTUS have original/exclusive jurisdiction?

A

matters of diplomats, foreign officials, or administers, the only court that will hear their cases in Supreme (private)
Has ability to function has trial court for matters of foreign leaders operating; more private

41
Q

Writ of Certiorari

A

request of SCOTUS order to a lower court to send up the records of a case for review

42
Q

Under what circumstances can a Writ of certiorari occur?

A
  1. conflict in the decision of the Circuit Courts (regional appellate courts) AND 4 Justices agree to hear case
  2. Case involves a Federal Question
    - Any case that involved the US Constitution, a Federal Statute, or US treaty
43
Q

Significance of Hollingsworth v Perry (2015)

A

re-legalizing same-sex marriage in California
Once verdict exist in trial court, it has review by right status to be reviewed by appellate court → opposite where appellate court seeks to review
SC keeps tabs on conflicting opinions and popular cases
Federal courts never got involved in gay marriage; state handled
SCOTUS (RBG) issued writ of certiorari to case for review
Reason 1: Some states allow, some don’t (reserved power of state)

43
Q

Significance of Hollingsworth v Perry (2015)

A

re-legalizing same-sex marriage in California
Once verdict exist in trial court, it has review by right status to be reviewed by appellate court → opposite where appellate court seeks to review
SC keeps tabs on conflicting opinions and popular cases
Federal courts never got involved in gay marriage; state handled
SCOTUS (RBG) issued writ of certiorari to case for review
Reason 1: Some states allow, some don’t (reserved power of state)

43
Q

Significance of Hollingsworth v Perry (2015)

A

re-legalizing same-sex marriage in California
Once verdict exist in trial court, it has review by right status to be reviewed by appellate court → opposite where appellate court seeks to review
SC keeps tabs on conflicting opinions and popular cases
Federal courts never got involved in gay marriage; state handled
SCOTUS (RBG) issued writ of certiorari to case for review
Reason 1: Some states allow, some don’t (reserved power of state)

44
Q

For what reasons does SCOTUS deny cases?

A
  1. Case does not meet the criteria - less than 4 justices agree (denying certiorari), not enough conflict, does not relate to constitution
  2. Past precedent on the issue exists & court wants to decide on other issues/topic
  3. Technical reasons - don’t have verdict yet,
  4. Statute of limitations expired - window of opportunity for legal assessment
45
Q

Compare atmosphere of Brett Kavanagh’s, Amy Coney Barrett, and Ketanji Brown Jackson’s appointment

A
46
Q

types of state trial courts

A

Family Court, Juvenile Court, Criminal Court, Municipal Court (bottom layer in most counties)

47
Q

State Intermediate Appellate Courts

A

With trial and verdict, have constitutional right to appeal, <20% move here
Populous states possess levels
Panel of judges (1-3)
Appellate court characteristics → 4 decisions, manner in which attorneys argue, review of transcript (affirm, overturn, amend, remand)

48
Q

State Supreme

A

~80/85% use Supreme Court in name
Determine constitutionality of state statutes and state constitutions
Supervises all courts below
Panel of Justices (3-5)
Final say in state cases (generally b/c SCOTUS)

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