Download Judicial System and Litigation - Environment of Business - Lecture Slides and more Slides Business Management and Analysis in PDF only on Docsity! Chapter 3 The Judicial System and Litigation Docsity.com Why Businesspeople Need to Understand the Judicial System – To gain familiarity with the system’s procedures and flaws – To learn to gauge the financial and other risks associated with litigation – To exercise their interest, as taxpayers, in an efficient judicial system – To prepare for the types of legal issues they are likely to confront Docsity.com Sample State Court System Appeal to US Supreme Court Criminal Court Civil Court Domestic Relations Probate Court Juvenile Court Small Claims Court Municipal Court Justice of the Peace General Jurisdiction Trial Court State Appellate Court State Supreme Court Docsity.com Federal Court System Many Federal Administrative Agencies US District Courts (96 districts) US Bankruptcy Courts US Tax Court US Courts of Appeal for 11 circuits and DC circuit US Claims Court US Court of International Trade US Patent and Trademark Office US Court of Appeals for the Federal Circuit US Supreme Court Docsity.com US Supreme Court • Created by Article III of the US Constitution • Highest court in the US • Located in Washington DC • Composed of nine justices who are nominated by the President and confirmed by the Senate • Types of decisions: – Unanimous – Majority – Plurality – Tie Docsity.com Judicial Procedures Cont’d • Discovery – Interrogatories – Depositions – Request for documents – Exams – Inspect records, property, etc. • Pretrial Motions • Pretrial Conference • Trial Docsity.com The Trial • Jury selection (Voir dire) – Challenge for cause – Preemptory challenge • Opening statement • Evidence – Court determines what is admissible – Material, relevant, & reliable Docsity.com Trial Continued • Plaintiff – Burden of proof – Direct examination – Redirect • Defendant – Cross-examination Docsity.com Trial Continued • Entry of judgment – Judge converts verdict into judgment Docsity.com The Appeal • In a civil case, either party can appeal the trial court’s decision once a final judgment is entered • In a criminal case, only the defendant can appeal • An appellate court will reverse a lower court decision if it finds an error of law in the record – It will generally not reverse a finding of fact Docsity.com Attorney’s Fees and Other Costs • Attorneys can charge on the following bases: – Hourly – Type of work performed – Contingency fee • Other costs may include depositions, expert witness fees, copies, travel, etc. Docsity.com
