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Published byNeal Perry Modified over 9 years ago
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Settling Disputes Negotiation – Process by which people in a dispute talk to each other and try to reach an acceptable solution Settlement-agreement Auto accidents Arbitration – Both parties agree to have another person listen to their arguments and make a decision for them Contracts, labor relations Mediation – Third person helps the disputing parties talk about their problems and settle their dispute divorce
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Court System Different types of Courts – Trial courts- testimony, consider evidence and decide facts – Civil and Criminal Civil- Plantiff brings the legal action Criminal-Government brings legal action Both parties defendant is responding to the plantiff
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State vs. Federal Courts Municipal or County courts intermediate court of appeals state supreme court U.S Supreme Court U.S district courts U.S. Circuit Court of Appeals U.S. Supreme Court
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Tribal Courts No longer posses complete authority over their reservations. Have tribal courts Inherent Power – Power to regulate family relationships, tribal memberships and law and order on the reservation Delegated Power – When Congress grants power in a certain area such as environmental regulation
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Supreme court **does not accept all appeals Petitions for Certiorari-request of a lower court to send up records
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Trial Systems – Inquisitional System Judge is active in questioning witnesses, and controlling the court process – Adversary system Contest between opposing sides The judge/jury make decision after parties make best arguments
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Jury Process Voir dire – Screen jurors for prejudices, preconceived notions Removal for Cause – Removing a juror who appears to be unable to make a fair and impartial decision Peremptory Challenges – Removal of jurors without cause
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Appeals Error of Law – Mistakes as to the law Dissenting Opinion – Document written by judges who disagree with the opinion Concurring Opinion – Document written by judges who agree but for different reasons
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Lawyers Litigators-trial lawyers Legal Malpractice – When a laywer is sued by clients for serious eeeors that result in injurty or loss Privilege – Whatever you tell your lawyer cannot be disclosed to anyone Disbarred – Lawyers who violate statndards and can no longer has a lisene to practice law
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Whyt do we need a lawyer? Why do we need lawyers – Buying/selling homes – Organizing a business – Changting family dynamic – Making a will – Criminal charges – Handling accidents
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