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Study Guide

[BLAW 3201] - Midterm Exam Guide - Ultimate 66 pages long Study Guide!


Department
Business Law
Course Code
BLAW 3201
Professor
Fry
Study Guide
Midterm

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LSU
BLAW 3201
MIDTERM EXAM
STUDY GUIDE

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CHAPTER 3 LEGAL PROCESS
Chapter 3 Lecture Notes
THE COURT SYSTEM: Governmental bodies establish Courts; a court may render a
binding decision only when it has jurisdiction over the dispute and the parties to that
dispute.
1. We have a dual court system in our country:
(1) A federal court system and
(2) A system within each of the fifty states and District of Columbia.
2. Federal Courts
The judicial power of the United States is placed in one Supreme
Court and the lower courts established by Congress, including
special courts, district courts and appeals courts.
Judges in the federal courts are appointed for life by the president,
subject to Senate confirmation.
Federal courts have limited subject matter jurisdiction.
a. District Courts: the first trial courts of original jurisdiction where lawsuits
filed in the federal system begin. So if a formal employee is suing a business in
federal court they start by filing with the district court. If you lose the lawsuit
then you can appeal to the court of appeals .
a.1.The trial courts of general jurisdiction that can hear and decide most
legal controversies in the Federal system.
The jury in a jury trial decides issues of fact.
The general trial level in the federal court system,
where issues of fact are decided, serve districts each
located entirely in a particular state. Each district court
is presided over by one judge, except in certain cases,
when three judges preside.
Appeals from district courts usually go to the Circuit
Court of Appeals where the district court is located. In a
few cases, the appeals are taken directly to the U.S.
Supreme Court.
b. Court of Appeals: Louisiana sits in the 5th circuit Court of Appeals
(courthouse is in NOLA). If you lose this then the Federal court reviews and if
they think that everything went well and was followed correctly then they affirm
the decision and you still lose. If they think you should've won they can reverse
the decision or send back to district court. They hear appeals from the district
courts and review orders of certain administrative agencies
Examine the record of a case on appeal and to determine whether the
trial court committed prejudicial error.
If so, the appellate court will reverse or modify the judgment and if
necessary remand it (send it back) to the lower court for further
proceeding.
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LEGAL PROCESS CHAPTER 3
If no prejudicial error exists, the appellate court will affirm the decision
of the lower court.
Twelve Circuit Courts of Appeals are the next level in the federal
system. They primarily hear appeals from the district courts and review
decisions of administrative agencies, the Tax Court, and the Bankruptcy
Courts. They generally hear cases in panels of three judges, although in
some instances all judges of the circuit will sit en banc (all together in a
session) to decide a case.
Appellate courts: do not hear evidence or conduct a trial — they examine the record of a
case to determine if the trial court committed prejudicial error (error substantially affecting
the appellant’s rights and duties). If so, the appellate court will reverse or modify the
judgment and, if necessary, remand or send the case back to the lower court for further
proceeding. If there is no prejudicial error, the appellate court will affirm the decision of the
lower court.
c. Supreme Court: court of last resort; 9 justices; with the Supreme court it is a
discretionary process so they don't have to hear your case, but if they do take
your case up then it's important. A lot of time the cases they decide to hear
involve very politically charged issues…always headlines grabbers (EX: the
Hobby Lobby ruling). Also plays a hand in creating laws that have to be
respected in every state:
EX: Miranda rights ruling.
The nation’s highest court, whose principal function is to review decisions of the Federal
Courts of Appeals and the highest State courts
The nation’s highest tribunal — consisting of a Chief Justice and eight
Associate Justices
A quorum consists of any 6 justices
Appellate cases reach the Supreme Court by: 1. appeal by right where
review by the court is mandatory (very few cases), or 2. the discretionary
writ of certiorari (sir’•sho•rare’•ee) (most cases). If four Justices vote
to hear the case, a writ is granted.
d. Special Courts for Federal Law: the only court you can file bankruptcy in is
the bankruptcy court; there are specialty designated courts that hear specific
cases
Have jurisdiction over cases in a particular area of Federal Law and
Include the U.S. Court of Federal Claims, the U.S. Tax Court, the U.S.
Bankruptcy Courts, and the U.S. Court of Appeals for the Federal
Circuit.
The U.S. Court of Federal Claims hears claims against the United
States.
The U.S. Bankruptcy Courts hear and decide certain matters under the
Federal Bankruptcy Code, subject to review by the U.S. District Court.
The U.S. Tax Court hears certain cases involving federal taxes.
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