...1. CheckPoint: Trial and Appellate Courts • Write a 200- to 300-word response answering Discussion Question 1 on p. 488 in The Courts in Our Criminal Justice System. How are appellate courts different from trial courts? How do the functions, roles, and outcomes of appellate courts set them apart from trial courts? Appellate courts differ from trial courts in various ways. Trial courts find the facts of a case and decide how the law applies in the particular case—this is done on both state and federal levels. Evidence and witnesses are presented and a judge or a jury makes a decision based on the evidence. Appellate courts examine claims where the law was incorrectly applied or where legal procedures were not followed properly. No new evidence is presented but the judge reviews the materials from the trial and decide if the lower court was correct in their judgment. The appeals process is aimed to ensure that a defendant received due process at prior stages of the criminal justice process and it pursues legal goals in the case. Appeals are an important part of the criminal justice system because they are a means to address legal issues under the basis of stare decisis; where precedent is respected in the law but legal societal and technological changes bring new issues to the courts. Legal questions often arise from such issues and become the subject of appeals. The appellate court then produces a holding that contributes to legal precedent on the issue. The court’s holding...
Words: 444 - Pages: 2
...Trial and Appellate Courts State and appellate courts work with each other but have very different roles in the justice system. State courts listen to facts about a case and try to keep the victims and the accused rights from being violated. Appellate courts make sure that the rights of the accused have not been violated. In the state courts system an accused has a right to a jury of peers. It is up to the state to prove burden of guilt while the accused does not have to prove they are innocent. They are already considered innocent until they are proven guilty. In the appellate court the one that starts the appeal is the one that must prove that wrong was done to them, so if the accused files an appeal they must prove that there was an injustice to their rights during the trial to get justice from the appeal courts. In state trials a prosecutor argues the facts as they see it to a judge and possibly a jury (depending on if it’s a trial jury or a bench trial). The defense also gets this right. Both parties get to introduce witnesses and evidence for or against the accused. In the appellate court there can be an oral argument, but most appellate courts only see paper arguments that have been filed by the one who feels that their rights were not considered. If an accused rights are violated, such as lack of legal representation. If there are errors during the trial, such as the defense not doing proper representation is a reason for an appeal...
Words: 310 - Pages: 2
...3 Учреждение образования «Брестский государственный университет имени А. С. Пушкина» Кафедра английского языка с методикой преподавания М. В. Гуль EDUCATIONAL SYSTEM. COURTS AND TRIALS СИСТЕМЫ ОБРАЗОВАНИЯ И ПРАВОСУДИЯ ВЕЛИКОБРИТАНИИ И США Практикум по английскому языку Для студентов 4-го курса гуманитарных и педагогических специальностей (специальность 1-21 06 01-01, современные иностранные языки специальность 1-02 03 06, иностранные языки (английский, немецкий)) БрГУ имени А. С. Пушкина Брест 2009 4 УДК 372.016 : 811.111(076) ББК 74.268.1(Англ)р Г94 Рецензенты: Кандидат филологических наук, доцент кафедры иностранных языков технических специальностей БГТУ Д. В. Новик Зав. кафедрой кафедрой иностранных языков второй специальности БрГУ имени А. С. Пушкина, доцент В. М. Иванова Практикум направлен на совершенствование навыков и развитие умений диалогической и монологической речи по темам: система образования, система правосудия Великобритании и США, а также на совершенствование письменной компетенции студентов. Каждый раздел содержит тематический словарь, ряд упражнений на закрепление лексики, достаточное количество текстов по теме, упражнения на повторение. Практикум предназначен для аудиторной и самостоятельной работы студентов 4-го курса, изучающих английский язык как основную специальность. 5 Educational System (the USA and the UK) Topical Vocabulary Nursery school, kindergarten, elementary school, high school (junior, senior), secondary school...
Words: 29371 - Pages: 118
...mobile communications.[3] By August 2011, Apple and Samsung were litigating 19 ongoing cases in nine countries; by October, the legal disputes expanded to ten countries.[4][5] By July 2012, the two companies were still embroiled in more than 50 lawsuits around the globe, with billions of dollars in damages claimed between them.[6] While Apple won a ruling in its favour in the U.S., Samsung won rulings in South Korea and Japan, and the UK. Contents [hide] 1 Origin 2 South Korean lawsuit 3 Japan lawsuits 4 German courts 5 French and Italian courts 6 Dutch courts 7 Australian courts 8 British courts 9 U.S. courts 9.1 First US Trial 9.1.1 US verdict 9.1.2 Injunction of US sales during first trial 9.1.3 First trial appeal 9.2 Second US Trial 9.3 Controversy 10 See also 11 References 12 Further reading [edit]Origin Apple sued its component supplier Samsung, alleging in a 38-page federal complaint on April 15, 2011 in the United States District Court for the Northern District of California that several of Samsung's Android phones and tablets, including the Nexus S, Epic 4G, Galaxy S 4G, and the Samsung Galaxy Tab,...
Words: 3372 - Pages: 14
...ANTONIO C. BRILLANTES and TEODOSIO V. VALENTON, owner and President, respectively, of a school of arts and trades, known under the name and style of "Manila Technical Institute" (M.I.T.), VIRGILIO L. DAFFON and SANTIAGO M. QUIBULUE, defendants-appellees. Leovillo C. Agustin for plaintiffs-appellants. . Honorato S. Reyes for appellee Brillantes, et al. . Villareal, Almacen Navarra & Amores for appellee Daffon. . TEEHANKEE, J.: An appeal in forma pauperis on pure questions of law from a decision of the Court of First Instance of Manila. . Plaintiffs-appellants as parents of their sixteen-year old son, Dominador Palisoc, and a student in automotive mechanics at the Manila Technical Institute, Quezon Boulevard, Manila, had filed on May 19, 1966, the action below for damages arising from the death on March 10, 1966 of their son at the hands of a fellow student, defendant Virgilio L. Daffon, at the laboratory room of the said Institute. . Defendants, per the trial court's decision, are: "(T)he defendant Antonio C. Brillantes, at the time when the incident which gave rise to his action occurred was a member of the Board of Directors of the institute; 1 the defendant Teodosio Valenton, the president thereof; the defendant Santiago M. Quibulue, instructor of the class to which the deceased belonged; and the defendant Virgilio L. Daffon, a fellow student of the deceased. At the beginning the Manila Technical Institute was a...
Words: 5201 - Pages: 21
...Appellate Court of Illinois,Third District.EVEREN SECURITIES, INC., Plaintiff-Appellee,v.A.G. EDWARDS AND SONS, INC., Sidney V. Carlson and Loren D. Wright, Defendants-Appellants.No. 3-98-0874.Oct. 5, 1999. **314*270***453 Nicholas P. Iavarone [->0](argued), Marc S. Leventhal[->1], Bellows and Bellows, Chicago, for A.G. Edwards and Sons, Inc., Sidney V. Carlson, Loren D. Wright. *271 Christopher J. Barber[->2]; Nancy L. Hendrickson and Kenneth L. Schmetterer[->3] (argued), Chicago, for Everen Securities, Inc. Barry M. Barash[->4], Barash & Stoerzbach, Galesburg, for Appellee. Justice BRESLIN[->5] delivered the opinion of the court: Everen Securities, Inc., (Everen) filed suit against defendants A.G. Edwards & Sons, Inc. (A.G.Edwards), Sidney Carlson and Loren Wright, alleging damages for breach of contract and misappropriation of trade secrets when Carlson and Wright resigned from Everen and began employment with A.G. Edwards. Everen's claims were subsequently arbitrated. The defendants appeal from the trial court's decision to confirm the arbitration award of $1,131,000 plus fees in favor of Everen. We hold that: (1) the arbitration panel did not exceed its authority in considering the issue of trade secret; (2) the evidence does not show that a member of the panel was prejudiced against A.G. Edwards; and (3) the panel did not commit gross errors of law or fact in awarding damages. Accordingly, we find no grounds for vacating the arbitrators' award. Carlson and Wright...
Words: 3528 - Pages: 15
...Role and Functions of Law Role and Functions of Law There are several different functions of laws; however laws were designed you have just one role. Laws were designed and set into place to govern a set a rules that each individual is expected to follow, whether pertaining to society or to a business. Laws are set and new ones are always being approved, so that there can not only be a consensus on what is right and wrong, but also so there can be a decision on when to punish someone and how to determine whether they have broken the . Law has an extraordinary role in a successful operation of how a business may run and how a society comes together as one. Laws help control social behavior which helps lead to a society that is ran in an efficient type of way. Laws were put in place to set rules of conduct, different ways to enforce those rules, a mean for settling misunderstandings or disputes, and to supply ethical expectations and standards. Some other important functions of laws are: they outline what the government can do and what it cannot do; brings out justice in society; facilitates orderly change; peacekeeping; and they promote economic growth. Something very important to know is that without laws, the way a business is ran or the way people may act, society would not be able to function effectively, with this being said commerce would likely collapse. Although many of the function of laws seem to be rather simple, The United States Legal System is very complicated...
Words: 873 - Pages: 4
...Loyola Consumer Law Review Volume 10 | Issue 4 Article 6 1999 Courts Split as to Whether Consumers Injured by Hot Coffee Can Seek Recovery Zachary Rami Follow this and additional works at: http://lawecommons.luc.edu/lclr Part of the Consumer Protection Law Commons Recommended Citation Zachary Rami Courts Split as to Whether Consumers Injured by Hot Coffee Can Seek Recovery, 10 Loy. Consumer L. Rev. 310 (1998). Available at: http://lawecommons.luc.edu/lclr/vol10/iss4/6 This Case Note is brought to you for free and open access by LAW eCommons. It has been accepted for inclusion in Loyola Consumer Law Review by an authorized administrator of LAW eCommons. For more information, please contact cklink@luc.edu. CASE NOTES Courts split as to whether consumers injured by hot coffee can seek recovery by Zachary Rami Common sense, coffee and consumers clashed recently in McMahon v. Bunn-O-Matic,l wherein the Seventh Circuit Court of Appeals held that a coffee maker manufacturer did not have a duty to warn consumers that its coffee would be served at 180 degrees, and that the coffee maker was not defectively designed. The decision, which affirmed a lower court's entry of summary judgment in favor of the coffee maker manufacturer, is consistent with a majority of courts, which have held in recent years that such claims leave no issue of material fact for trial.' However, not every jurisdiction has routinely dismissed these "coffee" cases. In fact, McMahon referred to Nadel v. Burger...
Words: 3301 - Pages: 14
...Court History and Purpose Paper A court in general is defined as an organization or unit of the legal extension of government, approved or made by statute or constitution, and comprising of one or more legal officers, which has the power to choose cases, discussions in law, and question matters of certainty brought before it. There are three different components which include the following: To be viewed as a court, it must have legitimate lawful power, as spelled out in the constitutions or statutes, Courts are by and large found in the legal rather than authoritative and official extensions of government, and Courts are enabled to settle on choices that are tying. The thought of "[deciding] upon cases, debates in law, and questioned matters of truth" is known as arbitration, or "the procedure by which a court touches base at a choice with respect to a case. The functions of the courts are upholding the law, protecting individuals, resolving disputes, and reinforcing social norms. There are many different courts on both the State and Federal level, but the one that will be discussed is the United States District Court (Frank Schmalleger, January 2010). The United States District Courts are the trial courts of the government court framework. Inside cutoff points set by Congress and the Constitution, the area courts have locale to hear almost all classes of government cases, including both common and criminal matters. There are 94 government legal areas, including no less...
Words: 1375 - Pages: 6
...Case Name: Bosse vs. Brinker Restaurant d/b/a Chili’s Which court is making this decision? Who did what to whom? Bosse was a customer who ran out on his bill. Another patron, who is unknown, chased Bosse. During the chase the unknown patron called and informed an employee at Chili’s of the situation, who then called 911. While being chased Bosse was involved in an auto accident and was injured. What relief (claim) was sought by plaintiff in the lower court? Bosse claims the unknown patron was working on behalf of the restaurant, he therefor caused the accident which makes the restaurant liable for damages. What was the lower court’s decision? And, if applicable, the Court of Appeals’ decision? N/A Who prevailed in the lower court(s)? N/A What is the specific legal question, based on what facts, is this court is being asked to address? Did the unknown patron’s actions create an agency when they contacted Chilis? There is no genuine issue to prove Bosse claim of the patron working as an agent for Chili’s. What law(s) and specifically, which legal element(s) is (are) at issue? The common law of agency. Specifically the implied agency due to the patron pursuing the plaintiff. What is the court’s reason (interpretation) for the application of, change in, or exception to the law? There was no implied agency due to no consent, no control and there was no relationship or benefit for the restaurant, between them and the unknown patron...
Words: 364 - Pages: 2
...| The Massachusetts Trial Court | We’re Not Quite Done Yet | | | | Marissa Pina | May 11, 2015 | | Table of Contents The Massachusetts Court System: Massachusetts Trial Court 2 Functions of the Human Resources Department 6 The Massachusetts Trial Court Human Resources Department 8 My Role within the Human Resources Department 9 Old Practices 10 Turning Point 13 The New Hiring Process 14 We’re Not Done Yet! 18 Review of Kotter’s 8 step Model 22 Human Capital, the most Important Asset of an Organization 25 My Hopes 26 The Massachusetts Court System Massachusetts Trial Court Focus The Massachusetts Court System consists of the Supreme Judicial Court, the Appeals Court, and the Executive Office of the Trial Court, the 7 Trial Court Departments, the Office of the Commissioner of Probation, and the Office of the Jury Commissioner. For the purpose of this paper I will be discussing my place of work which is the Massachusetts Trial Court consisting of: Executive Office of the Trial Court, the 7 Trial Court Departments (Boston Municipal Court, District Court, Juvenile Court, Superior Court, Housing Court, Land Court, and Probate and Family Court), Office of the Commissioner of Probation (OCP), and the Office of Jury Commissioner. Exhibit 1 Massachusetts Trial Court is committed to fair and impartial administration of justice; protection...
Words: 6984 - Pages: 28
...decide to upgrade to the B-type hitch. That would also be an expense to her company. Tonya has decided to file suit against Confusion to overturn the statute. What court will have jurisdiction over Tanya’s Suite? Why? Federal Court will have jurisdiction over Tanya suit. The Federal Court will have jurisdiction because her company operates in the state of Denial. General Jurisdiction hears civil trials in the courts. Tanya believes if the decision is overturned, it will not only help her business but also others company’s like hers. Tonya Trucker is taking the necessary steps to file suit through a trial court of general jurisdiction. Trial courts of general jurisdiction are the main trial courts in the state system (United States Courts net.). Tanya business is not in the state of confusion but the state of Denial General Jurisdiction court of Confusion has agreed to hear her case. General jurisdiction courts usually split up into two parts: civil and criminal. Civil court would be where Tonya’s case would be heard. Tonya’s case would more than likely be heard by a judge that has the over power to overturn a law. In general jurisdiction court records are keep to past on incase of an appeal. This would be an advantage for Tonya because if the courts denied her claim she could take it to appellate courts. Is the Confusion statue constitutional? Discuss your legal reasoning. Confusion statue is not constitutional they are trying to make a law to benefit them. Paulette...
Words: 934 - Pages: 4
...Mississippi Supreme Court, 949 SO.2d 9 (2007). NO.2005-CA-01751-SCT Facts: Nancy and James Biglane bought a building at 27 Silver Street in Natchez, Mississippi in 1967. They opened the lower portion as a gift shop. Andre Farish and Paul O’Malley bought the building next door at 25 Silver Street. They also opened the Natchez under the Hill Salon in 1973. Biglanes converted the upper floors into an apartment and they moved in. They installed window and insulated the walls, moreover they were good insulted the walls next and nearest to the Salon. Biglanes had a problem that he could not sleep at night because the loud and live music from the Salon. During the summer, the Salon, had no air conditioning, so they opened the doors and windows and the live music disturb the Biglanes and his family. The Biglanes requested to the Saloon to turn down the music, Additionally, thicker windows were installed, the loudest band was replaced, and the other bands were asked to keep their output below a certain level of decibels. Still dissatisfied, the Biglanes filed a suit in a Mississippi state court against the Saloon. The court enjoined the defendant from opening doors or windows when music was playing and ordered it to prevent its patrons from loitering in the street. Both parties appealed to the Mississippi Supreme Court. Issue: Did the Salon’s noise unreasonably interfere with the Biglanes property rights? Decision: Yes. The Mississippi supreme court affirmed the lower...
Words: 576 - Pages: 3
...The Role and Functions of Law in Business and Society - Yahoo Voices - voices.yahoo.com Voices Search News Sports Tech Travel All Categories Sign in Mail Entertainment Auto Business Creative Writing Health Legal Home Improvement Lifestyle Business to Business Careers & Job Searching Marketing Nonprofit Information Real Estate The Role and Functions of Law in Business and Society Melissa Bushman, Yahoo Contributor Network Feb 10, 2007 Related Results Investment Advice Find, com pare & read real rev iews of financial planners www.StartLocal.com .au Need A Voice Over? Post a Job & Get Free Quotes Today ! Voices.com MORE: Criminal Law Civil Law Executive Orders Constitutional Law Traffic Court $1,339 Monthly Dividends Flag Post a comment This sim ple strategy is m aking m e $1 ,3 3 9 on av erage per m onth. www.GlobalDiv idends.com Sponsored Results Introduction Law plays a significant role in the successful operation of business and society. Laws regulate social behavior, which leads to a society that runs efficiently. Laws also supply ethical standards and expectations, while providing rules of conduct, measures to enforce those rules, and a means for settling disputes. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and...
Words: 1199 - Pages: 5
...they have taken their forcefulness too far. In maintaining peace the police have rules that they must follow that will not go against citizen’s rights. The system has now more opportunity, and programs. The system is now structure in a way they can best help those that are found to be in their grip. In ( Hendrix, N., & Inciardi, J. (2013). chapter 11 and 12 we see how law enforcement has evolve from the way they viewed crimes and criminals were being house and discipline. The Courts The courts system that hear the majority of criminal and civil cases, is structure much like that of the federal court system. State trial courts hear matter of criminal concern, many of the civil cases that do not deal with constitution issues are reviewed by the states courts. Whereas any decisions that are made by the lower court can be reviewed by courts of appeals, and like so, a case may "be reviewed by the state court of last resort", ( Hendrix, N., & Inciardi, J. (2013). which is also called the supreme court of that state....
Words: 770 - Pages: 4
