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22 Cards in this Set
- Front
- Back
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--------- Has Changed Corporate Governance, Reporting, and Operations
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Sarbanes-Oxley
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-Setting parameters for personal and business behavior
-Setting tone of tolerance or intolerance for behavior |
Developing an Ethics Stance
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Place where case begins
Jury hears cases and decides disputed issues of fact Single judge presides over case |
trial courts
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reviews a trial court decision to check the conduct of the judge, the trial, the lawyers, and the jury.
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appellate court
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-Review actions of trial court
-Usually have published opinions for uniformity and consistency -No trials held - panel of judges hears case |
appellate court
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what is the process of judicial review?
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Determine whether error was made
Transcript is reviewed All other evidence is reviewed Parties submit written briefs to summarize the evidence and issues |
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trial courts are often referred to as
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lower courts
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review by appellate court of decisons and actions of a lower court to determine whether reversible errors in procedure or law were made.
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judicial review
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how many judges are on a panel in an appellate court and a supreme court
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3, 9
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En banc
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full bench hears case
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a summary of the case and the legal issues being challenged on appeal
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brief
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lawyer's summation of issues of law and/or error for appellate court to consider.
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appellate brief
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what are possible actions of the reviewing court
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Affirm—no reversible error and decision stands
Reverse—reversible error and decision is reversed Remand—error that requires further proceedings Modify—change ruling of lower court |
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Courts at appellate level can review statutory application
Can determine scope of statute |
Statutory interpretation
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Courts will follow previous decisions for --------
Previous decisions are called ------ |
consistency, precedent
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Exceptions to stare decisis—when precedent may not be followed
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-Cases are factually distinguishable
-Precedent is from another jurisdiction -Technology changes -Sociological, moral, or economic changes |
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a dissenting opinion is
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dicta
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The -------- in the case is the precedent
------ is not the precedent ----- is the discussion of the relevant law |
rule of law, dicta, dicta
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Initiate the lawsuit
Called petitioners in some cases |
Plaintiffs
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Alleged to have violated some right of the plaintiff
Party named in the suit for recovery -Called respondents in some cases |
defendants
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What kind of relationships do lawyers have with clients?
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fiduciary
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Those who act as advocates for plaintiffs and defendants
Have fiduciary relationship with clients Represent client and see that procedures are followed |
lawyers
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