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| an individual or a group of people who bring a complaint against another party to court |
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| the party who defends against a complaint |
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| the government body who brings a criminal charge against a defendant |
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| guideline for how simialr cases should be decided in the future, court decisions can establish them |
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| the authority to hear a case first |
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| ask a higher court to review their case |
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| have the authority to hear an appeal |
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was it done on purpose?
has the law been broken?
innocent or guilty?
repay?
decided by the people involved or people within the legal system |
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| apply the law to an actual situation |
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| person innocent or guilty? |
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| the parties in the conflict |
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plaintiff vs. defendant (civil case)
prosecution "the people" (criminal) |
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judge: determines which side's argument is most in keeping with the law, directs proceedings, remain neutral
jury: decides the facts of a case |
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decides what the law in question means
decide if the law is allowed by the constitution |
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| State Courts and Federal Courts |
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most legal cases begin in a lower court
each state has different leveled courts and different purposes ex: juvenile and traffic court |
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original jurisdiction determines the facts
appeal court doesn't hold a trial or determines the facts, it reviews legal issues involved
plaintiff or defendant can appeal and then it can be affirmed |
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| Cases Heard by Federal Courts |
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Definition
cases involving federal laws and issues beyond the authority of individual states: have original jurisdiction
cases appealed from state supreme courts: involve a federal law or a constitutional issure
U.S. Supreme Court: federal judicial branch, leadership role in our legal system, 50 states interpret constitution in same way and all americans rights are protected |
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