Chapter 3 The Judicial Process And Cyber Procedure

chapter 3 me judicial process and cyber procedureThe court systemcourtssubtotal imbunas mm meet in a regular place and apply the low man attempt 10 settle disputes by weighing me argumentspresented by advocates FOR eachoonyThe Federal court Systemby Anticle III of the U.S. consinuiton which states, "me judicial power 01 the united states shall bevested in one supreme court and in such inserior courts as congress may from time 10 time ordain and establishincludes the supreme court. courts 01 appeals and Federal district counts25/07/2018anCourt JurisdictionJurisdictionmunority 01 0 coun to near and decide casesoriginal Jurisdictioncourt has the ammonly to near a case when is First bought 10 courtApellate Jurisaichon(A9A) incours that have the power 10 review a case for errors.pienary Reviewcoursewirn appellate jurisdiction wiltbe empowered to determine whether the lower courts havemade errors of law.General jurisdictioncours with the power 10 near any type 01 caseSpecial Spencer Jurisaictioncouris with the power 10 near only certain types OF casesSubject matter you Jurisdictioncours's power to near a particular IVDe OF case.personal jurisdictioncourt's authority over the parties 10 0 lawsuitFederal disence courts have subject maner Jurisdiction over cases that periain 100 federal questionFederal questioninvolves the U.S. consumer a federal signing or signatus , or a itealy Diversity Jurisdiction includes lawsuits that aresetween Chizens 01 different statesBetween civizens OF astore or ancerem states one current # stateBetween Chizens a a since and foreign since as the promotNation-statesobtain sovereigner by cannoting 0 specific territory m has visible 30 ensible bordersHave 0 gover hmeni structure that makes lows governing the and the resources and the people within HS condeted termuryNon-nation-state configurations include:Non-governmenial organizations (NGO) na Function autonomously to provide goods and sen ices 10 people in need"unified international institutions no bling together various nation-states in 0 common purposecongromerates that unity several irue nation states and often speak with one voice that represents the membersU.S. court OF Appeals"The Judges a the appenair level must be guided by the standard 01 review not is appropriate to each casethe standard OF review tells the appellate -level Judges the degree 10 which mey must remain 10 the decision OF me lower cours ridgeThe U.S. Supreme courtthe COUNT 01 Final Junsdiction in all cases appeared From the ower Federal courts and in cases coming from:state supreme COVERSHOS original surisdiction in cases affecting ambassadors or oiner public ministers and consuls and in cases in within 0 state IS a corrycomposed OF 0 chief Justice and eight associate justiceswrit OF certiorari. in order from the Supreme court 10 a lower court 10 deliver 115 records 10 the U.S. Supreme Court for reviewState COUT systemsstate Trial courtsAISO known as general jurisdiction coursHave the power 10 near any type 01 caseorien called superior courts GIRGUTE cours or courts of common pleasstate intermediate appellate courtsHear appeals on questions of law From me lower cours4Appeals are heard by a three Judge panel that can set aside or modify me aecision OF the lower cours state supreme courtconsists 01 a panci or mice 10 mine judgesdesisions made are Final unless aread issue or 0 consulumonal right IS involvedcivil Procedure"civil lingationprocess OF bunging a case to court 10 enrorce 0 rightPlainnerperson who begins the lawsuit by ming a complaint in the appropriate man court OF general JunisaccilonDefendantperson against whom the lawsuit nas been brought and from whom a recovery is soughtcomplaintsets roun the names OF the parties 10 the lawsuit identifying them as plainnirs or defendantsThe complaint sets forth the Following:The FOCIS in the case from the planness perspectiveme alleged legal violations by the defendentthe injuries that the paintiff sufferedThe 's request FOR reliesclass ACTION'A lawsuit in which one (or 0 small number) OF me potential plainuits File a lawsuit on behalf 01 incentire classThe courts will permit a class action lawsuit provided that :If IS not Feasible 101 the members OF the group 10 bring the action on their ownThe members 01 the group snate common questions a law that can be nea togetherthe CLASS action approach is for beller than Forcing me plannitis to me seperate actionsForum shoppingoccurs when a promote searches 10ra jurisdiction with law that IS lavorable 10 IIS case and then Files the case in that JunisdictionMultidisiric litigation (MDL)procedure designed to consolidate cases in order to streamine the legal process and ughien the case road at the trial levelsummonsNames the count OF Jurisdiction describes the nature of the action and demands that the defendent answer thecomplaint within a specified period or time service OF processGiving me summans and the complete 10 the detendentPIC answer siagethe time between service and me answerMotion.A request for the court 10 rule on a porticular issueAnswerme aetendoms OFFICIAL response 10 'ne complaintAFFIRMATIVE accenseA set OF circumstances that indicate the detendant should not be neld noble. even IS the proves an OF the FOCTS complaincounterclaimA claim that a defendant nas against a plaintiff.cross-claiminA claim Filed by 0 detendant against another deterior in the same casemird-party complaintA complaint Filed by the delenant against a third party no yet named in the lawsuitThe Pretrial Stage"A pretrial conference usually nas two purposes :. 10 discuss the possibility OF settling the case without the need FOR a may10 decide on me actoits involved in bringing the case 40 malsummary sudgement motionA motion na asks the court For an immediate Judgement For the party riling me motionDiscoverythe processDISCOVERY reconniques and 1001sDepositionsinterrogatoriesRequests For real evidenceRequests for physical or mental examinationRequests For admissions The civil TrialJury selection (voir aire)The lawyers For both parties question prospective Jurors to determine whether they call be allowed 40 Sit on the suryopening statementsThe plaintiFF'S case in chiefThe defendant's case in chiefThe reputal and the surrebultalclosing statementsJury instructionsverdict and JudgementsThe plain.iff's case in chiefDirect examinationcross-examinationveraic and JudgementveraictLIQUINYdamagesEquitable remedySPECIFIC performanceinjunctionAppealthe referral OF acase 10 0 higher COUT for reviewcross AppealExecution OF the Judgementwrit OF ExecutionIF me judgement is not paid me court WILL order the loser's property 10 be said by the sneriff 10 sausty the judgementCyber-Producecyper jurisdiction. the power 01 the court 10 near a case based on Internet-relgied transactions 14RISO called electronic surisdiction and sund broncyder-fillingELECTRONIC or fillingMore COST effective and enricient than paper FillingDisadvantagescourts must mainin a quotening system to accommodo "gyber FITYScourts move been Forced 19 provide training and ongoing assistance 40 attorneys at the cours's expenseAnor neys must team rues FOR every court in which they do businesscyber. DISCOVERYprocess by which the parties to a civil action search for information that is relevant 40 the case.Griminal procedurethe steps in a criminal prosecution include the Following:Arrest and initial appearancepremminary hearingFormal chargesArrangementtrialpreliminary HearingAcourt procedure during which the Judge decides whether probable cause exists to continue holding the desendant for me crimeindictmentset Formal charges against a desendant issued by a grand juryGrand JuryCitizens who serve as Jurors for a specified period of time 10 review a variety OF criminal casesAn informationset or formal charges against a defendant drawn up and issued DV ine prosecutor or district allorneyArraignmentA Formal court proceeding during which the defendant other nearing me indiciment or information read, pleads either guilly or notguilty25