POLS 1337 Study Guide - Final Guide: Medical Malpractice, Punitive Damages, Damages

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Document Summary

Know which courts have original jurisdiction and which ones have appellate jurisdiction: Civil- plaintiff: private citizen or business, seek to determine whether a person was harmed, payment or cease and desist order as remedies, burden of proof: preponderance of the evidence, defendant may be forced to testify. Criminal- plaintiff: the government, seek to determine whether a law was broken, Punishment as a remedy, burden of proof: beyond a reasonable doubt, defendant (accused person) not obligated to testify: caseloads of state and federal courts: Federal district courts nationwide handle significantly fewer cases than texas state. Over time both federal and state caseloads increase gradually with population growth. But relative to population the differences in caseloads are far more dramatic than raw totals alone suggest: selection of judges in texas as compared to other states and the federal government: Judicial appointments (recall the federal approach)- the president nominates someone to the position, then sent to be confirmed by the senate.