What great powers do judges have in our system?
judicial review, interpretation of statues (what things mean),creation of the law through precedent
Do judges have the power to make law? Do they still today?
Judges rarely make law today but they still have the power to do so
Legislator
someone who makes or enacts laws
Who can precedents be overruled by?
Legislators
Why is it the courts job to interpret words in law?
There are different meanings, interpretations to people depending on the person and their experiences
Why do courts exist?
to provide resolution to disputes which cannot be settled by an agreement between the parties
What is one of the judges duties?
To apply the law to the facts (enforce law based on facts) of the dispute and arrive at a fair/just resolution
Generally, what types of judges are judges?
Trial and appellate
What do trial judges do?
Preside (be in charge) over trials, hear testimonies, make EVIDENTIARY and other legal rulings (legal decisions) such as sustaining or overruling objections
Appellate court
A court having jurisdiction to review cases and issues that were originally tried in lower courts
Appellate judges- Who do they rarely deal with?
review trial proceedings for errors of law or facts which prevented a litigant from receiving a fair trial. rarely deal with litigants.
Litigants
people engaged in a lawsuit
Testimonies
opinions of experts or eye-witness accounts that support a speaker's claim
Sustaining
cause of continue for something to be prolonged without interruption
Overruling
to object an attornies objection
Who decides which evidence can be seen by the jurors?
Judge- I.e chiropractor
What do trial judges do?
Exercise original jurisdiction (power to hear a case the first time) and
Original jurisdiction
courts Power to hear a case the first time act as protectors to to constitutional limitations (rules/rights) and guarantees of litigants (One can act as own attorney and it is up to judge to decide and forewarn it is not a good idea)
What attributes are judges supposed to have when ascertaining (make sure of) facts and applying law?
judicial temperament:
judicial temperament
the personal qualities considered important in a judge such as judicial temperament: temperate, attentive, fair, patient, impartial, studious, diligent and prompt
Other behavior obligations of judges?
Courteous to wittnesses and others; correct unprofessional conduct of attorneys
Important behavior obligations of a judge
Must avoid any appearance of impropriety (fail to show honesty); and must not act in any matter in which she or a relative has an interest (usually pecuniary (money) interest)
Impropriety
A failure to observe standards or show due honesty or modesty; improper language, behavior, or character.
pecuniary
money related
Appellate judges and justices are usually members of what courts?
Federal or a state supreme court
Appellate judges and justices responsibilities
review trial proceedings (continuations) for errors of law or fact which prevented a litigant from receiving a fair trial
reviewing justices and judges rarely deal with...why?
litigants (parties participating in lawsuit) because cases are viewed on appeal (urgent request) from the trial court
Do reviewing courts show precedent? Why or why not?
Yes-Reviewing courts issue opinions which affect society as a whole by affecting similar cases in the future (precedent) (you are setting or confirming a precedent)
Precedent
(civil law) a law established by following earlier judicial decisions
Civil law
the body of laws established by a state or nation for its own regulation (rome)
Common law
a system of jurisprudence based on judicial precedents rather than statutory laws, a system of jurisprudence based on judicial precedents rather than statutory laws
case law
EX. "common law originated in the unwritten laws of England and was later applied
Trial judges study ...to prepare for their decision
Witnesses
What do trial judges look for in a witness
Credibility, sincerity
Appellate judges/justices study...to prepare for their decision
Briefs (document written to sway the judges to a particular liniment), the trial record and evaluate oral arguments (if any) to reach their decisions and craft their opinions
Briefs
documents given to a court by the attorneys trying a case. These documents contain summaries of the issues in the case, the laws relevant to the case, and the arguments which support the position taken by the attorney on behalf of his or her client.
trial record
- the transcript of all proceedings related to litigation at a trial court, along with accompanying paperwork such as memoranda and briefs
What is a cherished value in our system?
Jury
what is jury the default mode of
Default mode of litigation (legal proceedings)
litigation
a legal proceeding in a court
no contest
the person doesn't admit to guilt but will not fight the prosecutions case; effect is the same as guilty plea
in civil matters, the platiff must request what
in civil matters the plaintiff (initiates law suit), in some states, must usually request and pay a fee for a jury trial-this right first arises in the Magna Carta (England, 1215)
Number of jurors.. has it changed? If so how?
Initially, juries consisted of twelve citizens
Many states and the federal government now allow for smaller juries and quotient (non-unanimous) verdicts
unanimous
in complete agreement
quotient
non-unanimous (not in agreement)
What has to happen if the jury is less than 12 jurors?
verdict must be unanimous (complete agreement)
verdict
the decision reached at the end of a trial
Jurors cannot be excluded on a basis of..
Gender and race
Voir dire
The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness.
Why is Voir dire so important?
Get the jury in favor of your client
What is the perfect jury?
an impartial jury in which they are unbiased and swayed only by the facts
State courts have what kind of courts
Based on states; give courts different names but Trial level court and a court of final review
Are appellates or reviewing courts in every state?
most; have intermediate appellates or reviewing courts
What is the highest review?
Final review
Jurisdiction
power to state the law
Subject matter
basis of the dispute
Courts must have what kind of power?
Jurisdiction over the subject matter
What kind of subject matter is there in all states?
general and limited subject matter
General subject matter are similar to __ why?
trial courts ; can hear anything at at state level; contracts, criminals,etc.
What courts are inferior to the trial courts in states?
these may be municipal or small claims courts, traffic courts, probate courts, domestic relations courts (ex. Want to adopt; need degree of adoption, or people want to get divorced), etc.
Court of pleas
Trial courts
If you have a problem with inferior courts ..you go to....
Trial courts
an appeal from the trial court is a right. how?
right; the appellate court must accept the appeal and render a decision
intermediate courts
Courts which hear appeals from courts with general jurisdiction in which a party believes they didn't receive a fair trial in the lower court or that the judge didn't properly interpret the law.
appeal
(law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial
State supreme court appeals
Must take them if it is the only appeal
petition for a writ of certiorari
Does not have tao take appeal; Also, the means by which a case is taken from a state supreme court to the U.S. Supreme Court. The writ of certiorari is issued by the higher court. If the higher court approves the petition, the higher court will review the
court of appeals
state of federal
supreme court can be
state or federal
Federal courts and levels
trial court is the US district court; intermediate appellates court is the Circuit of Appeals and the highest reviewing court is the US Supreme Court
Circuit Court of appeals
court to which decisions by federal district courts are appealed
District court
Will generally hear civil matters involving diversity of citizenship or federal questions (next slide); also alleged violations of federal law (hear nearly all categories of federal cases)
Every state has district court
Circuit court of appeals
Diversity of citizenship
Cases which involve citizens of different states and in which the amount of money in dispute exceeds $75,000. (subject matter jurisdiction)
district courts
Lowest level of fed. courts, where fed. cases begin &trials are held (bank robbery, environmental violations, tax evasion)
municipal courts
city court, usually divided into traffic and criminal divisions
District courts are in
Every state
subject matter jurisdiction
the power of a court to render a decision in a particular type of case
Where does trial take place when 2 different state are involved
place of accident state court or federal court
Federal question subject matter jurisdiction
exists where the plaintiff alleges a cause of action arising from a violation of constitutional or federal statutory protections
state and federal court reversable?
State can move to federal court; however federal court cannot move to state court
each state has federal court?
yes district courts (lowest level federal courts)
Examples of co-current jurisdiction?
Diversity of citizenship and federal question jurisdiction
federal question jurisdiction
the power of the federal courts to hear matters of federal law
where can matters of co-current jurisdiction be heard?
such matters may be heard either in federal court or in a state court
Criminal violation of federal law can be ONLY heard where? what other matters?
federal court;Also certain matters such as bankruptcy, patent and/or copyright disputes are also committed specifically to federal court
exclusive jurisdiction
authority of only federal courts to hear and decide cases
federal courts use what kind of laws and rules?
use their own procedural laws and rules
is there federal common law in federal courts?
no
substantive law
rules that define legal rights and duties
if it is a state court matter, the court must use what kind of law in what way?
substantive law of the appropriate state
where to federl courts use statutory law
Federal courts use federal statutory law where federal question subject matter jurisdiction is involved
statutory law
The body of law enacted by legislative bodies (as opposed to constitutional law, administrative law, or case law).
how many justices does it take to decide if a case will be heard by the court?
4 justcies
appellate courts
appeals to the Circuit Courts are by right; the Circuit Court must accept an appeal from the District Court and render a decision; appeals to the Supreme Court are by petition for writs of certiorari (want to be informed; petition for court to hear your c
Circuit courts
Part of federal court system-13 federal circuit courts: one for the D.C. and 12 for the rest of the country. Also called "courts of appeal
Structure of court system
Supreme court (writ of certiorari) , intermediate appellate court (most states) by right , trial
writ of certiorari
Order by the Supreme Court directing a lower court to send up the records of a case for review
do equities use law?
no, remedies
distinction
was the remedy sought by the plaintiff money (legal) or something else
Chancery courts
equitable courts
legal remedy
money
if legal remedy is inadequate
chancery courts
equitable remedies include
: injunctions (orders to do or not do something); decrees (dissolving a marriage, a partnership, terminating parental rights, etc.); specific performance (e.g., an order to exchange a deed for the purchase price of property)
do equitable courts use law
no not to decide cases but use certain maxims
equity continued
equity will not suffer a right to exist without a remedy; where there is equal equity law must prevail (equity is about fairness so if both equities are equal there has to be a law to resolve situation); those who come into equity must do so with clean ha