Quiz 1: The Legal System

the first court to hear a criminal or civil case

a court having jurisdiction to review cases and issues that were originally tried in lower courts

power of the judicial branch to review the actions of the other 2 branches of government and be the final determiner of what is constitutional and what is not

a written plan that provides the basic framework of a government

written laws made by legislatures

judicial decisions

mistaken decision, outdated, and distinguish facts

formal orders issued by the president to direct action by the federal bureacracy

covers the legal principles that apply to government agencies, bureaus, boards, or commissions

formal agreements between nations

law dealing with the relationship between government and individuals

specifies various offenses against the proper order of the state

involves the interpretation and application of either federal or state constitutions

covers those legal problems and issues that concern your private resource relationships with other people

involves the recognition of exclusive right in both tangible and intangible resources

covers the rules of how owners transfer resources by exchanging them

establishes rules for compensation when an owner's legal boundaries are wrongfully crossed by another

emphasizes the role of judges in determining the meaning of laws

relies more on legislation than judicial decisions for law

decides if probable cause exists to believe the accused commited the crime

prosecution in a criminal case has the burden of convincing the trier of fact that the defendant is guilty of the crime charged and that the jury has no reasonable doubt about the defendant's guilt

when there is a greater weight of evidence in support of the proposition than there is against it

scales of justice must tilt heavily one way

out of pocket loss

extra awarded in intentional tort cases (1-5x of compensatoty damages)

when you can prove burden but not damages, small amount awarded

clause in a contract

noncontractual legal wrong caused by one who desires to cause the wrong or where the wrong is substantially likely to occur from the behavior

a person's failure to exercise reasonable care that foreseeably causes another injury

activity causing harm was due to an ultrahazardous or inherently dangerous activity

serves as counselor, advocate, and public servant for their client

trial jury that returns a verdict in both situations

a person chosen to interpret laws, decide on a winner, or settle a controversy

the total immunity of a prosecutor from a suit

the authority of a cour to hear cases involving specific issues of the law

jurisdiction over the person

authority for both state and federal courts to hear and decide cases

authority of only federal courts to hear and decide cases

court that can hear almost any kind of case

exists when a court's authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions

U.S. Supreme Court, U.S. Court of Appeals

U.S. District Courts

Ohio Supreme Court, Ohio Court of Appeals

county court of common pleas, traffic court, probate court, domestic relations court, municipal court, small claims court, juvenile court

complaint, answer, counterclaim, reply, motion for summary judgement

rule on the pleading, determines if the case will go to trial

purpose, out of court settlements, pre-trial hearing

verbal testimony under oath at trial

written testimony under oath

stipulate to facts

jury selection, opening statements, presentation of evidence, closing statements, jury deliberations, jury verdict, judgment

motion for new trial, motion for judgement NOV, collecting on judgement, appeal