Legal System Essentials: Courts, Trials, and Key Concepts

Posted on Dec 16, 2024 in Law & Jurisprudence

Courts

a. Trial vs. Appellate Courts

  • Trial Courts: Original jurisdiction; determine facts and apply the law. Includes witness testimony, evidence presentation, and jury deliberations.

  • Appellate Courts: Review lower court decisions for legal errors; no new evidence or witnesses. Focus on legal arguments.

b. Types of Judicial Decisions

  • Majority Opinion: Reflects the view of most judges.

  • Concurring Opinion: Agree with the outcome but for different reasons.

  • Dissenting Opinion: Disagrees with the majority’s decision.

  • Per Curiam: Issued by the court collectively without identifying individual judges.

c. Juries vs. Judges

  • Juries: Decide factual disputes.

  • Judges: Decide legal questions, interpret laws, and oversee trial procedures.

d. Criminal vs. Civil

  • Criminal Cases: Government prosecutes for violations of criminal laws; penalties include fines, imprisonment.

  • Civil Cases: Disputes between private parties; remedies include damages or injunctions.

Trial Process

a. Starting a Civil Case

  • Plaintiff files a complaint; defendant files an answer. Discovery phase follows, including depositions, interrogatories, and motions.

b. Voir Dire (Jury Selection)

  • Dismissal for Cause: Juror has a clear bias or conflict.

  • Peremptory Challenge: Limited dismissals without giving a reason.

c. Pro Se Representation

  • Individuals represent themselves without an attorney.

d. Criminal Procedure

  1. Arrest: Law enforcement detains a suspect.

  2. DA Decision to Charge: District attorney files charges.

  3. Initial Hearing: Judge reviews charges and bail.

  4. Grand Jury Review: Determines if there is enough evidence.

  5. Arraignment: Defendant enters a plea.

  6. Trial: Presentation of evidence and verdict.

  7. Sentencing: Imposed punishment if guilty.

e. Plea Bargains

  • Agreement between defendant and prosecutor to avoid trial; may include reduced charges or sentences.

f. Standards of Evidence

  • Probable Cause: Sufficient reason to arrest or search.

  • Reasonable Suspicion: Specific facts justify temporary detainment.

g. Burdens of Proof

  • Beyond a Reasonable Doubt: Criminal cases.

  • Preponderance of Evidence: Civil cases.

h. Key Civil Procedure Concepts

  1. Motions to Dismiss: Request to terminate the case before trial.

  2. Summary Judgment: Judge decides case based on law when facts are undisputed.

  3. Discovery Tools: Includes depositions, interrogatories, and subpoenas.

  4. Trial Phases: Opening statements, witness examination, closing arguments, jury deliberation.

Alternative Dispute Resolution (ADR)

a. Mediation: Neutral third party helps parties negotiate a settlement. b. Arbitration: Neutral third party issues a binding decision. c. Negotiation: Parties discuss directly to resolve disputes.

Criminal Law

a. Mens Rea and Actus Reus

  • Mens Rea: Guilty mind; intent to commit a crime.

  • Actus Reus: Guilty act; physical action of the crime.

b. Homicide

  • 1st Degree: Premeditation, deliberation, intent to kill.

  • 2nd Degree: Reckless disregard for human life.

  • Voluntary Manslaughter: Provocation, heat of passion, no cooling period.

  • Involuntary Manslaughter: Unawareness of significant risk.

  • Felony Murder: Death during the commission of a felony.

c. Attempt

  • Taking significant steps toward committing a crime but failing.

Torts

a. Negligence

  1. Duty: Obligation to act with reasonable care.

  2. Breach: Violation of duty.

  3. Causation: Direct link between breach and harm.

  4. Harm: Actual injury or damage.

b. Assault

  • Intent, Reasonable Apprehension, Imminence, Harm.

c. Battery

  • Intent, Harmful or Offensive Touching, Contact, Harm/Injury.

Contracts

a. Offer: Proposal with clear terms. b. Acceptance: Agreement to terms of the offer. c. Consideration: Exchange of value. d. Meeting of the Minds: Mutual understanding and agreement. e. Breach of Contract: Failure to fulfill terms; remedies include damages, specific performance.

Separation of Powers

  • Legislative: Makes laws.

  • Executive: Enforces laws.

  • Judicial: Interprets laws.

Juvenile Law

a. Waiver

  • Five Factors: Age, mental/physical condition, crime nature, rehabilitation capacity, public safety.

  • Jury decides disputed facts.

Employment Law

a. Discrimination

  • Includes sexual, racial, and disparate impact claims.

  • Pretext: False justification for discrimination.

4th Amendment

a. Warrant Exceptions

  1. Plain View

  2. Terry Stop

  3. Automobile Exception

  4. Exigent CIMES TIMEEvidence destruction

    • Public safety

  5. Consent

  6. Search Incident to Arrest

b. Key Cases

  • Terry v. Ohio: Stop-and-frisk based on reasonable suspicion.

  • US v. Mendenhall: Defines seizure.

5th Amendment

a. Miranda v. Arizona

  • Miranda rights during custodial interrogation.

b. Rights

  • Double jeopardy, due process, self-incrimination protection.

6th Amendment

  • Right to counsel, jury, confront witnesses, and a speedy trial.

Additional Concepts for Review

a. Precedent (Stare Decisis)

  • Courts follow previous decisions for consistency. b. Federal vs. State Courts

  • Federal: Limited jurisdiction (federal law, Constitution).

  • State: Broad jurisdiction (family law, contracts, state crimes). c. Case Law vs. Statutory Law

  • Case Law: Developed through judicial opinions.

  • Statutory Law: Created by legislatures.