Introduction: Study Tips and Court Cases
Introduction: Study Tips and Court Cases Finance 26074
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This 3 page Class Notes was uploaded by Sarah Cross on Tuesday January 26, 2016. The Class Notes belongs to Finance 26074 at a university taught by Lois J. Yoder Beier (P) in Spring 2016. Since its upload, it has received 107 views.
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Date Created: 01/26/16
Notes from January 25 2016 Introduction: Study TipsCourt Cases ClassAction Lawsuit A bunch of people come together to file a lawsuit Bench Trial A judge is both the fact finder and the applier of law. There is no jury in a bench trial. Jury’s job is to determine if facts are true/false. They then apply the law per the judge’s instruction. Court Stenographer keeps the record of everything that occurs in the court room. Prepares the transcript, the official record from the trial court. In Trial courts the parties are Plaintiff v. Defendant. P. 92 o Plaintiff brings the lawsuit o Defendant is brought into court to defend themselves Appellant Court No longer looking for facts as they were already established at the trial level. The defendant must cite error of law in the transcripts. In Appellant Court, the parties are Appellant v. Appellee (Petitioner v. Respondent) o Appellant brings the appeal (Petitioner) o Appellee the one against whom the appeal is brought (Respondent) In Appellant Court, the appellee is not always the original plaintiff P.6466 At the appellant court level Judges are now referred to as Justices. There are typically three Justices, but there may be more. An appeal is won by a majority rules vote. The procedural differences in Appellant Court are vast. There is no Jury, no presentation of evidence, and no witnesses. Each party must submit a brief to the justices. The brief is often considered the most important part of the appellant court trial, as it is the only means to fully lay out the argument. A Brief includes… Summary of Facts What occurred at the trial level Where the error of law occurred Citation of cases in which similar error of law occurred Argument During the Oral Argument phase of the trial, it is the only opportunity for the attorneys to address the Justices in person. During the course of the oral argument the Justices are allowed to stop the attorney, ask questions, provide their interpretation of the law or discuss past experiences. After the Oral Argument occurs, an impression vote is taken. A Justice that voted with the winning majority then must write the Case Opinion. The Case Opinion is the official record of what happened at the Appellant Court level. Case Opinions are what is studied by law students. The set precedence for future cases. The Case Opinion includes… A summary of the original dispute What happened at the trial court level What happened at the appellant court what errors of law occurred an Explanation of the decision All cases that come out of appellant courts are published. P.96, P. 255 (Examples) P.48 (Explanation) There are 3 types of decisions that can come from the Appellant Court 1. Affirm: The Justices are agreeing that the Judges/Justices of the court below them made no error of law. The initial ruling stands. 2. Reverse: The Justices find that an error of law was made and the decision of the lower court is not upheld. 3. Reverse and Remand: The Justices found that there was an error of law, but they cannot decide if it would have affected the outcome of the trial. Therefore the trial must be redone with a new judge and a new jury. This does not violate double jeopardy because it is considered a continuation of the original trial. New Evidence may be submitted with permission of the judge and the opportunity for the opposing side to review it. There are 3 Opinions that may come of the Appellant Court 1. Majority Opinion: carries the most legal significance and forms precedence for future cases. 2. Dissenting Opinion carries no legal significance, the justice wants to ensure his interpretation of the law is published even though he did not vote with the majority. 3. Concurring Opinion occurs after the majority opinion. It is written by one of the Justices on the winning side of the vote, but he voted with the majority using a different interpretation of the law. Dicta the portion of the majority opinion where the justice go off topic and discusses items irrelevant to the errors of law at hand. Dicta is not legally binding. (P. 49 & 92) Briefing a Case o Used to analyze a case and determine what legal principal resulted from the case Parts of a Brief: o Action What kind of case was it? o Facts A brief summary of the facts, just enough for the author of the brief to recall the case. o Issue What was the error of law? o Ruling Who won? (Appellant v. Appellee ) o Reasoning Why the Justices ruled the way they did.
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