BUSA 2106 Exam1

Chap 3

34 cards·by ashantif

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What are the Parties involved in a Litigation

Plaintiff, Defendant, Judges, Jury, Witnesses, Lawyer

What is a Plaintiff?

Person who starts the lawsuit, Seeks a Legal Remedy. (Shorthand Pi sign)

What is a Defendant?

The person who is being sued, Accused of some wrongful act.( Shorthand Delta sign)

What is a Judge?

Someone who presides over a trial in a fair and impartial manner

What are the duties of a Judge?

Determines Issues of Law. Which Law to apply, Interpret the law, Rules on objections

What are the two different types of Judjes?

Federal Judges and State Court Judges

Describe State Court Judges.

Elected officials and Must run for election every 4 years

Describe Federal Judges.

Appointed for life. Can only be removed by impeachment

What is a Jury?

Sworn body of people charged with rendering an impartial decision

Describe the responsibilities of the Jury

The Fact Finding Body- Issues of Fact.

Most Juries have 12 members or smaller.

True

Decision is called a

Verdict

A verdict must be unanimous.

True

What is a Jury called when they cannon decide unanimously?

Hung Jury

Mistrial =

New Trial

What is a witness?

A person with knowledge that is relevant to the case. They are called to testify at trial.

question

answer

What are the three types of witnesses?

Fact, Character, Expert.

What is a Fact Witness?

An Eye witness. One who actually saw or heard something occur, has first-hand knowledge of events.

What is A Character Witness?

One who testifies to as to the good character of another at trial. Limted use ( Allowed in some criminal trials, not allowed in civil trials

What is A Expert Witness?

One who has elevated knowledge, skill or ability in a certain area. Allowed to testify using their expertise.

One who is licensed to practice law. Allowed to give Legal Practice

What is a Lawyer?

What are the some Duties as a Lawyer?

Question witnesses, presents evidence, and summarizes the case.

Lawyers also...

Serve as counselor, advocate, and public servant. Rules of evidence provide confidential communications to a lawyer. Attorney-Client Privile

Attorney-Client privilege.

Forbids a lawyer to reveal confidential facts and testify against a client

Rules established by Government and backed up by enforcement.

What is a Law?

Laws come from 3 systems

Federal, State, and Local laws

Federal Law

The Federal Syst.- syst. that covers all 50 states. Constitution:highest law. Statutes or Lgislation-laws passed by Congress signed by pres

Federal Law Contin.

Administrative/ Agency Law: Congress gives a federal agency authority to adopt rules and regula. Federal Case Law-Judge Interprets laws

State Law

The State System. The state constitution. State Statutes or Legislation- laws passed by legislature signed by senator.( vary from states)

State Law Contin.

Administrative/ Agency law: legislature gives a state agency the authority to adopt rules and regulatios

Local Law

The Forgotten Syst. Ordinances- laws enacted by city council or county commissions

Civil Cases

Include suits for breach of contract or tort cases. Involve request for damages or appropriate relief

Criminal Cases

A gov. rep. attempts to prove the wrong committed against society. Result in punishment