Jim Whitney Economics 357

Legal institutions and processes: study guide

  1. What are the three levels of courts called...
    a. In the federal court system?
    b. In the California state court system?

  2. What are three types of cases that get tried in the federal courts?

  3. What are two types of law that take precedence over the common law?

  4. What do each of the following mean in the context of a civil law case: cause of action, serve, answer, discovery, strike, brief?

  5. What do each of the following phrases refer to: stare decisis, voir dire, amicus curiae, writ of certiorari?

  6. A family from Pennsylvania (P) sues a driver from Delaware (D) who injured the family in an auto accident.
    a. Under what condition must the case be tried in a Delaware state court?
    b. Under what two conditions could the plaintiff sue in a federal court?
    c. Under what three conditions could the case be tried in a Pennsylvania state court?

  7. Who can request a jury in a civil trial?

  8. Which side has the "last word" in arguing a civil case?

  9. How do each of the following differ in civil versus criminal cases: plaintiff, burden of proof, penalty, right of appeal?

  10. Approximately what percentage of civil cases reach settlement instead of going to trial? Approximately what percentage of criminal defendants plead guilty?