LEB 320F Business Law and Ethics Review Save
Terms in this set (193)
guilty act; voluntary and generally must be an act of commission
actus reus
rather than more omission
- Process of applying the law to the facts in a legal dispute and
making a decision that is binding upon the parties to that dispute.
Adjudication
- Not all courts adjudicate
- Guilty/Not Guilty
, - civil/criminal proceedings in US are based on
Adversarial System - Parties research the law and find and develop the evidence
- Judge makes no action unless a party requests it
The court usually enters a judgement in conformity with jury's
verdict.
After the verdict The losing party can file a renewed judgement as a matter of law
or motion for new trial if they believe the trial judge made an
error(s) that affected the outcome
alternative dispute resolution - settling disputes outside a courtroom.
(ADR) Ex: Negotiation settlement, arbitration, mediation.
- Usually contains a denial of the plaintiff's allegations.
- A general denial denies all of the plaintiff's allegations together.
- The defendant can file a counterclaim that, if proven, will be
Answer recognized the claim.
- If the defendant doesn't reply to the plaintiff's claim in a certain
amount of days the court may grant a default judgment against the
defendant.
APA - Federal Administrative specifies procedures a federal agent must abide by when
Procedures Act engaging in a legislative rule making
, The Record- Begin appeal by filing notice of appeal and by
requesting the record of the case be sent to appellate court. Most
important part is the transcript of the trial proceedings.
Appellant's Brief- Sets forth errors that the appellant claims were
made by the trial judge
Oral Arguments- Attorneys from each side will have a brief period
to clarify and emphasize important points and allow the judges to
ask them questions.
Appeal Process:
Review of Trial Court's Factual Determinations
Review of Trial Court's Legal Determinations
Decision Making- If they say no errors occurred it "affirms" the
original decision and sends case back to trial court to enforce
judgement. If they say there was an error then they "reverse" the
decision and send it back to trial court to proceed with appellate
court's decision and sometime start an entirely new trial.
judges review cases for legal errors, consider record of trial, briefs
appeal process submitted by attorneys, oral arguments made by attorneys before
appellate court
appeals: affirm a decision find no material mistakes to correct
finds significant mistake, decides to reverse a decision, sends case
, - Handle appeals from other courts.
- Function is to determine whether material errors were committed
Appellate Courts by the trial court, not look at evidence.
- Afirmed, reversed, or remanded.
- 13 courts of appeal
the other side, does not matter if the party was originally the
appellee, respondent
plaintiff or the defendant
- Refers to the taking of any formal steps from the defendant to
defend the case.
- The defendant automatically submits to the court's personal
Apperance jurisdiction if they make an appearance.
- If the defendant is a corporation, most have an agent that
receives summons and lawsuits but the rules of an appearance are
the same.
- standard for administrative agency rules and rulings
Arbitrary and Capricious - when rules are these the court can rule no
- Capricious: erratic decision
- present evidence to arbitrator, who makes a decision
Arbitration - much faster, much less expensive, but no appellate arbitrators
- more formal than mediation
Terms in this set (193)
guilty act; voluntary and generally must be an act of commission
actus reus
rather than more omission
- Process of applying the law to the facts in a legal dispute and
making a decision that is binding upon the parties to that dispute.
Adjudication
- Not all courts adjudicate
- Guilty/Not Guilty
, - civil/criminal proceedings in US are based on
Adversarial System - Parties research the law and find and develop the evidence
- Judge makes no action unless a party requests it
The court usually enters a judgement in conformity with jury's
verdict.
After the verdict The losing party can file a renewed judgement as a matter of law
or motion for new trial if they believe the trial judge made an
error(s) that affected the outcome
alternative dispute resolution - settling disputes outside a courtroom.
(ADR) Ex: Negotiation settlement, arbitration, mediation.
- Usually contains a denial of the plaintiff's allegations.
- A general denial denies all of the plaintiff's allegations together.
- The defendant can file a counterclaim that, if proven, will be
Answer recognized the claim.
- If the defendant doesn't reply to the plaintiff's claim in a certain
amount of days the court may grant a default judgment against the
defendant.
APA - Federal Administrative specifies procedures a federal agent must abide by when
Procedures Act engaging in a legislative rule making
, The Record- Begin appeal by filing notice of appeal and by
requesting the record of the case be sent to appellate court. Most
important part is the transcript of the trial proceedings.
Appellant's Brief- Sets forth errors that the appellant claims were
made by the trial judge
Oral Arguments- Attorneys from each side will have a brief period
to clarify and emphasize important points and allow the judges to
ask them questions.
Appeal Process:
Review of Trial Court's Factual Determinations
Review of Trial Court's Legal Determinations
Decision Making- If they say no errors occurred it "affirms" the
original decision and sends case back to trial court to enforce
judgement. If they say there was an error then they "reverse" the
decision and send it back to trial court to proceed with appellate
court's decision and sometime start an entirely new trial.
judges review cases for legal errors, consider record of trial, briefs
appeal process submitted by attorneys, oral arguments made by attorneys before
appellate court
appeals: affirm a decision find no material mistakes to correct
finds significant mistake, decides to reverse a decision, sends case
, - Handle appeals from other courts.
- Function is to determine whether material errors were committed
Appellate Courts by the trial court, not look at evidence.
- Afirmed, reversed, or remanded.
- 13 courts of appeal
the other side, does not matter if the party was originally the
appellee, respondent
plaintiff or the defendant
- Refers to the taking of any formal steps from the defendant to
defend the case.
- The defendant automatically submits to the court's personal
Apperance jurisdiction if they make an appearance.
- If the defendant is a corporation, most have an agent that
receives summons and lawsuits but the rules of an appearance are
the same.
- standard for administrative agency rules and rulings
Arbitrary and Capricious - when rules are these the court can rule no
- Capricious: erratic decision
- present evidence to arbitrator, who makes a decision
Arbitration - much faster, much less expensive, but no appellate arbitrators
- more formal than mediation
