week 4 of ls 201
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This 4 page Class Notes was uploaded by Kristi Meyer on Friday September 25, 2015. The Class Notes belongs to 17170 at Grand Valley State University taught by Ruth Stevens in Summer 2015. Since its upload, it has received 45 views. For similar materials see Introduction to Law in Law at Grand Valley State University.
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Date Created: 09/25/15
Week 4 of LS 201 class Overview of what we did day 6 in class Monday Lecture Professor Stevens first brought up the VW case that VW has been modifying the diesel emissions for several years and getting away with it but now the federal courts are going after them She is going along with the book quite nicely a lot of things she is stating in class are repeats from the book and some of the notes are also repetitive 9 supreme court justices Sonya Sotomayor Stephen Breyer Samuel Alito Elena Kagan Clarence Thomas Antonin Scalia John Roberts Anthony Kennedy Ruth Bader Ginsburg 0 00000000 Judicial review is the law constitutional or not Appellate review did a lower court make a legal error Trial level 1 judgejury Appellate level an odd number ofjudges usually 3 District court is the lowest level of federal courts 0 The amount ofjudges depends on the population of the state the higher the population the more judges to that district Court of Appeals the second or middle levelintermediate level Supreme court the highest level in the federal system Michigan is part of the 6th circuit court must travel to Cincinnati Ohio for court Diversity Jurisdiction suing someone from another state and the amount suing for must exceed 75000 dollars 0 Why would someone choose federal court over state court I Example from class was an auto accident in Michigan collision of an Indiana person running a stop light crashing into someone from Michigan causing severe injuries months in the hospital and high medical cost and now no vehicle Someone would want to choose a federal court and choose a jury trial due to the fact that the jury trial would be from the entire range of the 6th circuit court More diverse jury could mean a higher monetary award If a case does not fit federal question jurisdiction or diversity jurisdiction then it must be filed in state court General jurisdiction 0 Circuit court district courts county courts etc Affirmed opinion of the higher court that the decision from the lower court of appeals stands A court decision can go unpublished in appellate court 0 Le if someone brings up that a new regulation of a law should be put into effect such as in a custody battle it should be said if a parent has a new Boyfriend girlfriend fianc e wife husband etc since this has no effect on the law in question it is not published as being said in the hearing so it is irrelevant Notes from the book chapter 5 there are 51 different court systems 0 federal system and then 1 for each of the 50 states I can all have different names 0 in Pennsylvania a basic trial court is called court of common plea number ofjudges varies district to district but is between 127 figure 57 on page 98 lists the federal jurisdiction court personnel includes clerks court reporters and bailiffs Brown vs the board of education got the reinterpretation of the 14th amendment saying quotseparate but equal does not have a place in the schools This case was about having different schools for quotBlacks and whites Mapp vs Ohio made officers abide by the 14th amendment of search and seizure and that they do it correctly Miranda vs Arizona officers must read people their Miranda rights while being handcuffed saying they have a right to remain silent and right to an attorney et Roe vs Wade women have the right to an abortion Bold words from the textbook Court definition is on page 83 in the textbook Jurisdiction if a specific court can hear a case or not Trial court where facts laws are heard and applied to the case Original Jurisdiction definition is on page 84 in the textbook Jury Trail questions of the facts for the trial Bench trial the judge decides everything o Witnesses questions for witnesses etc Appellate courts where the court decides if a lower court made the right interpretation of the law 0 Usually 3 or more judges but must be an odd number Appellatepetitioner the person who appeals the case Appelleerespondent the person who initially won the case 0 One appeal is usually given by right any other appeals are at the discretion of the higher court 0 Appellate courts do not hear testimonies this is done in trial court Harmless error when the error is so minuet it will not harm the decision of the case 0 Meaning it will not go back for remand Remand when a case is sent back to trial court for a new trial or other action o If a trial goes back for remand it is not at risk for double jeopardy normally the old decision is completely thrown out and there are newjurors so everything starts a new Majority opinion majority of the court decides the decision 0 Usually in a jury case but can also be in appellate court Concurring opinion judge agrees with the majority decision 0 Usually in appellate court Dissenting opinion judge disagrees with the majority decision 0 Usually gets a retrial Questions of fact definition is on page 85 in the textbook 0 Le is there a contract between the two parties was the driver of the pickup in fact drunk while driving questions of the law definition is on page 85 in the textbook 0 a contract was binding between two parties and one party broke that contract the driver had a BAC blood alcohol content of 15 they are over the legal limit set in the state in Michigan of 08 Entrapment prohibits officers from instigating criminal acts when someone would normally not commit the act in the first place 0 Hampton vs United States if a defendant is predisposed to committing a crime then entrapment cannot be relevant to the case if they have previous violations charges of similar things they are more than likely to redo the crime I If an undercover government agent sells a drug to someone and then the resell to another agent it cannot be entrapment unless otherwise predisposed to doing it recommend reading Case 5 Alibi to murder on page 86 Inferior court federal system only every court falls under this system except the supreme court Constitutional courts definition is on page 89 in the textbook US District courts definition is on page 89 in the textbook 0 Figure 52 shows the breakdown of boundaries it is on page 90 in the textbook US supreme court highest court in the federal system 0 Has 9 appointed members listed at the top of this page General jurisdiction hears a broad range of cases can hear anything in the geographical location Limited jurisdiction can only hear special cases 0 Probate can only hear custody battles and after death things 0 Bankruptcy court only hears bankruptcy cases 0 Military appeals 0 International trade 0 Patent issues Magistrate Judge definition is on page 93 it even lists what types of cases a magistrate can look over Bankruptcy judge resides over bankruptcy cases 0 Can do a trial in a bankruptcy case Subpoena court ordering someone to appear in court case can be automatically dismissed and plaintiff wins and can even get contempt of court for not showing up En Banc definition is on page 93 in the textbook Writ of Certiorari when the losing party asks the supreme court to look over their case to make sure everything was done right 0 At least 4 supreme court justices must agree to look over a case or hear a case if less than that agrees the case is not heardlooked over Legislative courts definition is on page 95 in the textbook 0 Figure 55 shows them all it is also on page 95 in the textbook Courts of record where a permanent record is kept of the testimony lawyer remarks and notes and the ruling of the case Exclusive jurisdiction one court has the power to hear the case Concurrent jurisdiction more than one court can hear the case 0 You get to choose where you want the case to be heard 0 The lawyer must choose where before filing the case Diversity of citizenship when plaintiff and the defendant are from a different state and 0 Can be sued in federal court if and only if the monetary award is over 75000 dollars Removal transfer of cases between the state courts and federal courts Adversarial system attorneys are responsible for present all the relevant information facts and arguments for a proper decision in the court Inquisitorial system attorney call the witnesses to the stand determines the questions that can and cannot be asked to the witness Court clerks making sure things are properly recorded and things are in proper condition Court reporter prepares the verbatim transcripts of the courtroom proceedings prepares what everyone says so that is can be filled correctly Bailiffs maintain the order in the courtroom 0 Watches the jurors in recess or sequestered during trials jurors are kept in hotel rooms when not in the courtroom away from public exposure due to publicity bias bribes etc Sheriffsmarshals officers of the court 0 They can be summonses 0 They can collect court money and get it to where it goes
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