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43 Cards in this Set

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Litigate
Take their disputes to court.
Mediator
Independent thirt party who tries to develop a non-binding solution acceptable to borth sides of a dispute.
Arbitrator
Independant third party who develops a binding and enforcing resolution to a dispute.
Court
Governmental forum that administers justice under laws.
Civil Cases award?
damages
Criminal cases impose?
punishments.
Trial Court
First court to hear a dispute
Original jurisdiction
Power to hear the case in full for the first time.
Appelate court
Reviews decisions of lower courts when a party claims an error was made during the previous proceeding.
Transcript
What appelate courts examine. A verbatim record of what went on at trial
Appelate Briefs
Written arguments on the issues of law submitted by opposing attorneys.
What do appelate courts decide?
Whether a decision should be affirmed, reversed (overturned), amended (changed), or remanded (sent back to trial court for corrective action or possibly a new trial)
General Jurisdiction
(three levels of federal courts with this). This type of court can hear almost cany type of case.
Special Jurisdiction
Hears only one specific type of case.
Federal District Court
Lowest level of federal court with general jurisdiction.(trial court of federal system) In general they have original jurisdiction over federal questions or if the dispute is between two or more states.
Federal Courts of Appeal
Have appelate jurisdiction over the district courts, certain specialized federal courts, and many federal administrative agencies.
US Supreme Court
Has both original and appellate jurisdiction. Its original jurisdiction is over cases affecting ambassadors, other public ministers, and consuls and those in which a state shall be party. Excersize appellate jurisdiction.
Writ of Certiori
Issued by Supreme Court to the last court that heard the case. Compels the state court to turn over the record of the case to the Supreme Court for review.
State Trial Courts
Circuit Courts. In some states may be called Superior courts, district courts, or courts of common pleas.
Court of Record
Keeps an exact account of what goes on at trial
State Trial Courts also review?
The decision of, or handles appeals from, courts of more specialized jurisdiction under them. Has Original Jurisdiction.
State Courts of Appeals
Panel of judges evaluate court record.
State Supreme Court
Cases that involve most complex legal issues are taken to the justices of the state supreme court.
Justice
Title given to judges who sit on state supreme court and the federal Supreme Court.
State Supreme Courts issue?
The final decision on matters of law appealed to them unless the US Constitution or other federal issues are involved.
Associate Circuit Courts or County Courts?
Hear minor criminal cases, state traffic offenses, and lawsuit in which relatively small amounts are involved. Not courts of records generally.
Municipal Courts (city Courts)
Divided into traffic and criminal divisions. Result can be appealed to the circuit court level if nec.
Small Claims Courts
Handle disputes in which small amounts are involved. Can be appealed to the circuit court. Limited amount of money.
Persona of Americana
Juvenile Courts
13-18. Juvenile is entitled to his or her full constitutional rights. Emphasis is on rehabilitation and not punishment. No public records. Young offender can be tried as adult if rehab fails. Appeals directed to circuit courts. STATUS OFFENSES-only minors
Probate Courts
Courts that administer wills and estates.
If you don't want to go to court, what can u do?
1. Arbitration:A third neutral party issues a decision that is binding for both parties. 2. One guy mediates and makes the decision. 3. settle.
Juvenile Delinquent
Repeat offender. Multiple convictions.
Incorrigible.
Incapable of being corrected.
Emancipation
divorcing from parents
What is the difference between arraignment and indicted?
Arraigned is when you commit a felony and indicted is by a Grand Jury.
What happens in a Criminal Court?
Trial, judge hands jury instructions, deliberate, decision, sentence.
Who is the Plaintiff and the Prosecution?
Prosecution in criminal and Plaintiff in civil.
A civil case is ___v. ___?
Individual v. Individual.
A Judge rule on what in a civil court?
Points of law, otherwise jury.
What are the procedures in a criminal case?
Everything ewual, jury deliberates on facts of case.
What are the procedures of a civil case?
Opening and closing, jury comes with decision based on $$$.
Court Reporter.
Writes the transcript.
Bailiff.
Takes care of Business.