1. Explain the most important role of the trial judge in a legal proceeding.
Answer1. The most important role of the trial judge is to keep order in the court and is in charge when a jury is present to make sure that the lawyers do not use improper methods to influence the jury during the case.
2. When a trial court makes a legal error in deciding case, what steps must the party take to have the legal error reviewed?
Answer 2. If the trial court makes an error then the party needs to take the case to the appeals court. The job of the appeals court is to review the proceeding of the trial court and correct legal errors made by the trial judge. They must accept all the trial court’s
3. Why does a person seek an equitable (equity) remedy in a civil case when instead of a remedy law? Describe difference between an equitable remedy at law
Answer 3. A remedy is a form of court enforcement of a legal right resulting from a successful civil lawsuit. Remedies fall into three general categories: (1) Damages - monetary compensation for the plaintiff's losses, injury, and/or pain or restitution measures designed to restore the plaintiff's status to what it was prior to the violation of his or her rights, (2) Coercive remedies - requiring a party to do or omit doing a specific act through injunctive relief or a court order of specific performance (3) Declaratory judgment - the court determines individual rights in a specific situation without awarding damages or ordering particular action. Monetary damages are often referred to as a legal remedy while coercive and declaratory remedies are termed equitable remedies.
4. State the name of the document used to commence a civil lawsuit against a defendant.
Answr4. The name of the document used to commence a civil lawsuit against a defendant is called “summons”
5. Define substantive law-sets out the rights and duties governing people as thy act in society. Creates or defines rights, privileges, duties, obligations, and causes of action that can be enforced by law
Define procedural law- law that prescribes the procedures and methods for enforcing rights and duties. Procedural law establishes the rules under which the substantive rules of law are enforced.
6. Define judicial law-law of or relating to a judgment, the function of judging, the administration of justice, or the judiciary
a) State when federal court can review the decision of a state court on a legal question?
One may however ask the following questions. How are punitive damages actually allocated? And what is the current trend in the United States and in France in this area?
(7) Right to appellate review: The Supreme Court did not rule regarding appeal since their ruling was this case was to be remanded back to the lower courts.
Questions Presented: This is where the legal issues are stated that the party would like for the appellate court to think about and make a final decision (Statsky, pg. 545).
a. but most admiralty cases can be brought in state courts unless qualify under diversity.
Q1 THE COURT/S IN WHICH THE CASE WAS HEARD (OUTLINE THE CRIMINAL JURISDICTION OF THE COURT)
Law is a system of rules that are implemented throughout social establishments to govern behavior. A principle for judging acts as reasonable or unreasonable and they may seem objective, universal, and knowable, which dispositions are guide. Our function is rational activity, and our rational nature gives us dispositions when we are naturally disposed to seek to know, understand, and be
“A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies.” Most of the appeals from federal district courts develop into the court of appeals “serving the circuit in which the case was first heard. Federal appellate courts” have required jurisdiction over the agreement of district courts within their boundaries. Unlawful appeals from federal district courts are generally tried by committees of three inspectors situated on a court of appeals instead of by every judge of each boundary. “Appeals generally fall into one of three categories; frivolous appeals, ritualistic appeals,
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
These Appeal courts make sure that the trial courts did the correct evaluation and followed the correct proceedings of the law. “In addition, the court of Appeals for the federal circuit has nationwide jurisdiction to hear appeals in specialized cases such as those involving patent laws, and cases decided by the U.S. court of federal claims” (Court Role and Structure). These courts do not use a jury and only have about three judges.
The Judicial Branch consists of the United States Supreme Court and the lower federal courts. Their role is to hear cases that challenges the legislation or are in need of interpretation of that legislation. (Phaedra Trethan, 2013) (Federal Government, 2003) (Sparknotes, LLC, 2011) (Independence Hall Association, 2008-2012)
Laws or something that almost every society has in today's generation. A law can be defined as some a set of rules or regulations that are set out to define the behaviors that develop a society or community. These laws restrict certain behaviors, actions, and sometimes even words. Words throughout time in over history a set of laws turn to be a standard of conduct that was set amongst individuals. A source of a law is simply a background in which a law is created from.
4. Why have most of the advances in civil rights come through the federal courts and not through state legislatures?
What relief ~ The judgment of the trial court is set aside. The case is REVERSED and REMANDED. NOTE:
Both parties present their cases before a judge who moderates and a jury of people with no legal training decides on the facts of the case. The judge evaluates the evidence, the jury decisions on the facts and applies the appropriate law to it, then provides a judgement in favour of one of the parties. After the decision, if one of the parties believes it was unfair, he may appeal it to a higher court, in such appeal; courts may only review findings of law, not the facts.
The rule of law has two common basic concepts which are that everyone is both equal and subjective to the law. The Oxford Dictionary of Law defines the rule of law as the supremacy of law. Another definition of rule of law is given by Lisa Webley and Harriet Samuels which states that the rule of law is a theory or a doctrine that describes the extent to which