BLS Exam 1 Essay

Submitted By mckenztd
Words: 1123
Pages: 5

BLS Exam 1

1. 3 Levels of the courts at the state and local level

I. 3 Types of Courts
1. Trial
a. Juvenile, misdemeanor and felony cases.
2. Intermediate Appellate Court
a. No jury but 3-6 judges rehearing/ arguing an issue because 1 party believes they were wrongly convicted.
b. Only handle questions of Law, not questions of fact.
c. They can overrule questions of fact but only when there is no trial evidence to support the trial courts ruling.
3. Final Appellate Court (Supreme State Court)
a. Make final decision on case.
b. Sometimes called the court of Appease (NY)

II. 3 Types of Federal Courts
1. Trial: US District Court
a. District because every state has judicial districts
b. Supreme court makes decision
2. IA US Court of Appeals
a. Ohio, TN, Michigan, Kentucky in the 6th Circuit court of appeals which hear appeals from those four states US/Federal District court.
b. They have to hear the appeals.
3. FA US Supreme Court
a. Loosing party has to file a writ of certiorari asking them to hear the case
b. The Supreme Court doesn’t have to hear a case.
c. 1000 filled a year but they only hear about 70
d. Resolve splits between circuits. (Circuit Splits.)
i. Rental car, driver and search warrant.

2. The Process of taking a case to the Supreme Court
1. Trial Courts are called US District Courts.
a. 94 Districts all have at least one trial court of general jurisdiction.
2. Intermediate Courts of Appeal
a. 12 Circuits
3. Final Appellate Court of Appeals
a. 9 Justices, lifetime terms

3. Legal Precedents & State Decries
4. Civil vs. criminal justice System
a. Wrongful Behavior that is, acts rues, or a guilty act
i. Nonmetal element of the crime and consequence resulted because of the defendant’s actions.
b. Wrongful state of mind, men’s read, a guilty mind
i. Defendant acted with
1. Purpose
2. Knowledge
3. Recklessness
4. Negligence
2. Criminal Procedure
a. The government, prosecutor, always brings the criminal case
b. The objective is punishment
c. Burden of Proof
i. Burden of production of evidence
1. Prosecution must produce any tangible evidence and testimony that prove the elements of the crime. ii. Burden of Persuasion
1. Prosecutor must persuade the jury beyond a reasonable doubt
2. Only requires the preponderance of evidence

5. Sources of Law

6. Jurisdiction
1. Is the courts authority to hear a particular case and they must have:
a. Subject Matter Jurisdiction
b. Personal Jurisdiction
2. Subject Matter Jurisdiction is the subject for which the cases goes to a specific court
a. Federal Questions:
i. Federal Statues involved in a case can be brought to Federal Court. ii. Lawsuits brought under U.S. Codes mean they are going to federal court.
1. Ex. Amanda VS. Hobby Lobby (birth control)
2. Kevin Vs. Texas (Citizens cannot sue states)
b. Occurs in 2 ways:
i. Federal Questions: ii. Diversity Jurisdiction requirements:
1. Parties of lawsuits have to be from different states
2. Amount in controversy over $75,000
3. A corporation can be from more then 1 state. Principle place of business and where the corporation is incorporated.
4. Must have complete diversity. Meaning the person suing the corporation cannot be from either state defendant is from
5. Principle place of Business doesn’t have to be stated.
6. Defendant always has the right of removalgoing to Federal Court.
a. Removal Jurisdiction can occur if:
i. Federal Question ii. Diversity Jurisdiction
3. Personal Jurisdiction:
a. The ability for the court to enforce a ruling
b. Only 1 of the following requirements needed:
i. 1. Minimum contacts with the forum state
1. Land and Booty, Breach of Duty, Commit a Tort, Family and Support ii. Long-Arm Statue
1. A states specific code saying if you do any of the specified crimes they automatically have personal jurisdiction
2. International Shoe vs. State of Washington led to Long-Arm Statue.

7. Venue
1. Where the Defendant resides
2. Cause of Action arises
3. In any Judicial District