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Legal Basics
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Why we have laws To provide common expectations
To protect majority rule To protect equal treatment, especially for those groups that have faced discrimination To resolve conflicts peacefully and fairly
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Why we have laws To protect natural rights (life, liberty, and property) To limit other’s actions, if they are detrimental to the community
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Anatomy of a Lawsuit A civil lawsuit (litigation) occurs when a plaintiff sues a defendant to recover damages In a trial, the jury determines the facts, and the judge applies the law Criminal cases are brought by a prosecutor against a defendant
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Anatomy of a Lawsuit Civil cases are brought by a plaintiff against a defendant The trial determines liability and damages.
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Getting to Court Standing means the right to bring a lawsuit because a party has a serious interest in the case Jurisdiction means the court has the right to hear the case because it falls within the court’s authority.
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Judges and Juries A jury is chosen from the community to determine the facts (who is telling the truth) A judge instructs the jury about how the laws that apply in a particular case
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Verdicts and Judgments
Jury instructions tell the jury what the law is A verdict is the decision in a criminal case A judgment is a decision in a civil case An injunction is a court order not to do something
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Verdicts and Judgments
A right of appeal exists for parties who believe the law was not applied correctly In an appeal, the appellate court reviews the record of the trial (taken by the court reporter) Briefs (which are not brief) explain each side’s legal argument.
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Verdicts and Judgments
Oral arguments are sometimes held for each side to present its case. Appellate judges may ask questions to clarify what they have read in the briefs.
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The Federal Court System
Trials are held at the district court level. There are 12 circuit courts of appeal The US Supreme Court is the final court of appeal and hears predominantly appellate cases.
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Sources of Law The Constitution is the supreme law.
Statutes are laws passed by Congress (legislation). Common law is court decisions that serve as precedent for future decisions.
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Decisions A writ of certiorari is used to call a case up to the Supreme Court. Four justices must vote to issue a writ of certiorari. A majority opinion give the reasons for the decision. It serves as precedent
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Decisions Concurring opinions agree with the decision reached by the majority but for additional or different reasons. They do not serve as precedent. Dissenting opinions disagree it the majority’s decision and do not serve as precedent.
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