LEGL 2700 Ch.3 Reading Note
LEGL 2700 Ch.3 Reading Note LEGL 2700
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This 2 page Class Notes was uploaded by Jessica Su on Tuesday August 30, 2016. The Class Notes belongs to LEGL 2700 at University of Georgia taught by Lara Grow in Fall 2016. Since its upload, it has received 22 views.
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Date Created: 08/30/16
LEGL 2700 Ch.3 Reading Notes ● Trial judges are the main link between the law and the citizens it serves ○ Use knowledge gained from participation to decide ● Justices give reasons for their decisions, consider the result between the parties, and the total effect of the decision on the law ○ Spend most of the time studying the briefs, the record of proceedings, and the law in reaching decisions ● When reviewing appeals, justices concern with issues of l aw; issues of fact normally resolved at the trial court level ● Petit jury the trial jury that returns a verdict (decision on a disputed issue in a civil or criminal case) ○ Decides whether the defendant committed the crime ○ Used in small % of all cases, but important ○ Federal law does not specify the number of jurors, but the types of cases that may be brought to trial before a jury at common law, normally sixperson juries, max.12 people ○ Normally do not give reasons for their decisions ○ Many citizens want to avoid jury duty ● Lawyers present the evidence, the points of law, and the arguments that are weighed by juries and judges in making their decisions ○ Serves as counselor (knows client’s most important secrets and affairs), advocate, and public servant ● Subject matter jurisdiction the power over the issues involved in the case for any court to hear and decide a case ○ Some state trial courts have general jurisdiction the power to hear any type of cases ○ Limited jurisdiction ○ Trial courts cannot attempt to resolve every dispute cases, such as hearing a case to decide how english or math should be taught in public schools ● State courts ○ Procedures i. State constitutions provide the general framework for the court system ii. The state legislature enacts statutes that add body to the framework. This legislation provides for various courts, establishes their jurisdiction, and regulates the tenure ○ Trial Courts responsible for determining both the facts and the law in the case ○ Appellate Courts i. Courts of Appeal the intermediate court, three to five judges ii. Supreme Court: review only very important cases iii. Most appeals go to the lower of two courts iv. Petition for leave to appeal the procedure for requesting a second review v. Writ of certiorari a petition ● Federal Courts ○ Diversity of citizenship requires that all plaintiffs be citizens of different states from all defendants i. Plaintiff means a person who brings a case against another in a court ii. In a diversity of citizenship cases, the federal courts have a jurisdictional amount of more than $75,000 iii. Have this to guard against state court bias ○ District Courts trial courts of the federal judicial system i. At least one such court in every state ii. Have subject matter jurisdiction over all the cases iii. Federal Rules of Civil Procedure provide the details concerning procedure that need to be followed in federal court litigation, must be followed by parties in every lawsuit ○ Appellate Courts i. Congress has created 12 U.S. Courts of Appeal plus a special Court of Appeals in D.C. ● Writ of Certiorari a request by the losing party in the court of appeals for permission to file an appeal with the U.S. Supreme Court ○ Litigants only get one appeal ○ The writ is granted if 4/9 justices vote to take the case ○ Normally resolves cases involving major constitutional issues or interpretation of federal law ● Judicial Restraint those who believe that judicial review power should not be used except in unusual cases ○ Associated with conservative judges often appointed by Republican presidents ○ Believe that social, political, and economic change in society should result from the political process rather than from court action ○ Have a deep commitment to precedent ● Judicial Activism those who believe that judicial review power should be used whenever the needs of society ○ By Democratic presidents ○ Believe that courts must provide leadership in bringing about social, political, and economic change because the political system is often too slow and unable to bring necessary changes to improve society ○ Less dependent on precedents bc they believe the meaning of the Constitution is relative to the times in which it is being interpreted
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