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BUA Chapt 3
The Judicial System
| Term | Definition |
|---|---|
| Judicial review | review of a trial court's decisions and verdict to determine whether any reversible error was made |
| Appellate court | court responsible for review of trial court's decisions and verdict |
| brief | written summary of basis for appeal of trial court's decisions and verdict |
| Reversible error | mistake by trial court that requires a retrial or modification of a trial court's decision |
| options for appellate court | reverse,remand, affirm,modify,stare decisis, case opinion, |
| Reverse | change trial court's decision |
| remand | return case to trial court for retrial or reexamination of issues |
| affirm | uphold trial court's decisions and verdict |
| modify | overturn a portion of the trial court's verdict |
| stare decisis | latin for "let the decision stand"' doctrine of reviewing, applying, and/or distinguishing prior case decisions |
| case opinion | written court decision used as precedent; contains dicta or explanation of reasoning and, often, a minority view or dissenting opinion |
| Parties in the judicial system | plaintiffs,defendants, lawyers, attorney, appellant, appellee |
| plaintiffs/petitioners | initiators of litigation. people that filed a complaint |
| defendants/respondents | parties named as those from whom plaintiff seeks relief |
| lawyers | officers of the court who speak for plaintiffs and defendants |
| attorney | client privilege-confidential protections for client conversations |
| appellant | party who appeals lower court's decision |
| appellee | party responding in an appeal |
| factors decide jurisdiction | subject matter jurisdiction,jurisdiction over the parties: In personam jursidction, voluntary, through property, presence in the state:minimum contacts, residence, business office |
| Courts | Federal court system, state, international |
| Federal court system | Federal district court, limited jurisdiction courts, U.S Courts of appeals, U.S. Supreme Court |
| Federal district court | trial court in federal system;hears cases that involve a federal question, the U.S. as a party, or a plaintiff and defendant from different states |
| Limited Jurisdiction courts | bankruptcy courts, court of claims |
| U.S. Courts of Appeals | federal appellate courts in each of the circuits |
| U.S. Supreme Court | highest court in U.S;acts as trial court for suits involving states and diplomats |
| State Court Systems | Lesser courts, state trial courts, state appellate courts, state supreme courts |
| lesser courts | small claims, traffic courts, justice of the peace courts |
| state trial courts | general jurisdiction courts in each sate |
| state appellate courts | courts that review trial court decisions |
| state supreme courts | courts that review appellate court decisions |
| International Courts | Voluntary jurisdiction, international court of justice, London Commercial Court |
| International Court of Justice | UN court; contentious jurisdiction; |
| London Commercial Court | voluntary court of arbitration |
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