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Questions and Answers
What is the primary source of law in the United States?
What is the primary source of law in the United States?
- Administrative law developed by government agencies
- Statutory law created by legislatures
- Constitutional law established by the Supreme Court
- Common law derived from judicial decisions (correct)
What role do precedents play in the common law system?
What role do precedents play in the common law system?
- They are only used in criminal cases.
- They resolve ongoing litigation and guide future decisions. (correct)
- They are only applicable to cases decided by higher courts.
- They replace the need for statutory law.
What type of courts are described as courts of original jurisdiction?
What type of courts are described as courts of original jurisdiction?
- Appellate courts that review cases from lower courts
- Courts where litigation begins and initial decisions are made (correct)
- Courts that handle cases involving federal law only
- Courts that only deal with international disputes
Which statement best describes courts of inferior jurisdiction?
Which statement best describes courts of inferior jurisdiction?
What is a characteristic of informal proceedings in courts like small claims courts?
What is a characteristic of informal proceedings in courts like small claims courts?
Under the doctrine of precedent, how should judges resolve litigation?
Under the doctrine of precedent, how should judges resolve litigation?
What is true regarding the status of a judge's decision once a case is resolved?
What is true regarding the status of a judge's decision once a case is resolved?
Which type of cases are typically heard in courts of inferior jurisdiction?
Which type of cases are typically heard in courts of inferior jurisdiction?
What is the role of the trier of fact in a trial court?
What is the role of the trier of fact in a trial court?
In which jurisdiction do trial courts operate primarily?
In which jurisdiction do trial courts operate primarily?
What happens if a case is not resolved by pre-trial motions?
What happens if a case is not resolved by pre-trial motions?
What distinguishes a criminal case from a civil case in trial courts?
What distinguishes a criminal case from a civil case in trial courts?
What is the primary purpose of appellate courts?
What is the primary purpose of appellate courts?
Who is typically referred to as the appellant in an appellate case?
Who is typically referred to as the appellant in an appellate case?
What type of decisions do appellate courts usually review?
What type of decisions do appellate courts usually review?
What is the typical structure of appellate courts in most states?
What is the typical structure of appellate courts in most states?
What might happen if a trial court grants a motion that negates the need for a trial?
What might happen if a trial court grants a motion that negates the need for a trial?
Who is responsible for providing evidence and witness examination during a trial?
Who is responsible for providing evidence and witness examination during a trial?
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Study Notes
Common Law System in the United States
- The U.S. operates under a common law system where law is derived from judges' written decisions.
- Common law is essentially judge-made law; it evolves from litigation outcomes.
- Judges are empowered to resolve disputes through statutes or constitutional provisions.
- Decisions by judges become legal precedents, guiding future similar cases.
Role of Precedents
- Precedents serve two key functions: resolving current litigation and being available for future cases.
- The doctrine of precedent compels judges to consider previous decisions when adjudicating similar controversies.
Courts of Original Jurisdiction
- Courts where litigation initiates are referred to as courts of original jurisdiction.
- Courts of inferior jurisdiction handle limited types of cases, often for misdemeanors or small claims.
- These courts may be informally run, with self-representation common, and their decisions lack precedent value.
Trial Courts
- Trial courts are usually courts of general jurisdiction and can hear various subjects, including civil and criminal cases.
- Civil cases involve private parties as plaintiffs and defendants, unlike criminal cases which are prosecuted by the state.
- A trial court is presided over by a single judge, who determines the case facts with the help of a jury or through direct evidence.
Case Resolution Process
- Facts are determined from evidence, witness exam, and party admissions—an example includes establishing vehicle speed.
- Decisions can be made without a trial via pre-trial motions accepted by the judge, preventing further litigation.
- Written documents such as trial briefs assist in presenting legal arguments to the court.
Appellate Courts
- After trial, the losing party can appeal to a higher court, with the appellant seeking a review of the trial court's decision.
- The appellate court reviews for significant errors that may warrant a reversal or modification of the decision.
- Typically, there are two levels of appellate courts: intermediate appellate court and the highest court of appeals (often called the state Supreme Court).
- The intermediate court reviews trial court decisions, while the highest court handles specific direct appeals and has final say on matters.
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