The Legal System Exam #1 Questions &
Answers
Trial Courts - ANSWERS- Where the case begins
Plaintiff - ANSWERS- Person who does the suing
Defendant - ANSWERS- Person being sued
Smith , et.al
What does "et.al" mean? - ANSWERS- It means "and others"
Same claim against 1 defendant is called : - ANSWERS- A class of plaintiffs
- Join together as a class and hire one attorney
The facts are established where? - ANSWERS- At the trial
Who applies the law? - ANSWERS- One Judge
Do you always have a jury? - ANSWERS- You may or may not have a jury
Who determines the facts? - ANSWERS- The jury
Who gives the jury the law before they deliberate? - ANSWERS- The judge
Verdict : - ANSWERS- The jury comes back with a verdict for the plaintiff or the
defendant
Evidence is presented where? - ANSWERS- The trial
Jury - ANSWERS- Try to determine how the law applies to the facts
Who decides is there is no jury? - ANSWERS- The judge
Transcript - ANSWERS- Official record of what happened at trial level
- No written case opinions
What happens if you lose at trial court level? - ANSWERS- You have the right to appeal
a level up to the Courts of Appeal
- Called Appellate Courts
What are the parties called at the Appellate Courts? - ANSWERS- Appellant
- Appellee
,Who is the appellant? - ANSWERS- One filing the appeal
Who is the appellee? - ANSWERS- One against appellant
At the Appellant Court Level, Judges are now called : - ANSWERS- Justices
How many justices are there? How many do you need to win? - ANSWERS- 3
- 2/3
How many justices are at the Supreme Court? How many do you need to win? -
ANSWERS- 9
- 5/9
At the Supreme Court Level, what are the parties called? - ANSWERS- Petitioner v
Respondent
~ Petitioner is the plaintiff
If the defendant lost, they can appeal? The defendant becomes : - ANSWERS- The
appellant
Appellate Court is not determining facts, they are reviewing trial court
True or False - ANSWERSTrue
What is the brief? - ANSWERS- Gives history on dispute
- Extremely important at appellate court
- Only opportunity to argue your argument b/c oral argument is too short
What is oral argument? - ANSWERS- Attorneys have equal time to justices
- Client does not have to be at oral argument
- Justices can stop, interrupt, take your time from you
- Attorney wants to answer questions from Justice as quick as possible while being
respectful
Case Opinion : - ANSWERS- Official record from Appellate Courts
- A Justice from the majority vote writes the case opinion
Garden Ridge, L.P. v Advance International, Inc.,
403 SW 3rd 432 (Ct.AppTex 2013). - ANSWERS- 403 is the volume
- SW is southwestern
- 3rd is third edition
- 432 is page number
- Ct.AppTex 2013 is Texas Appellant Court
We agree with the court underneath us : - ANSWERSAffirm
, If they do not affirm a decision they : - ANSWERSReverse and Remand
Reverse and Remand : - ANSWERS- Found an error of law, instead of changing trial's
decision, send it back down for a new trial
- New judge, new jury
- You can appeal from that trial again
Majority Opinion : - ANSWERS- The one that matters, the one that counts
- Carries legal weight
- Written by a Justice
- Controlling Opinion
Dissenting Opinion : - ANSWERS- Justices go with losing side
- Written by Justice that voted with minority
- Can have several of these opinions
Concurring Opinion : - ANSWERS- Written by 1 Justice that voted with majority
- His legal reasoning was different
Dicta : - ANSWERS- In the majority opinion but has no legal relevance
- Justice gets off track
- Not legally controlling on future cases
After oral argument: - ANSWERS- The Justices vote
- One that votes with majority may have more to say...can write their own concurring
opinion
Briefing a Case: - ANSWERSAction - What type of case is it
Facts - Brief Summary of facts
Issue - What is the issue
Ruling - Who won
Reasoning - Why did they win
Law : - ANSWERSA need to control behavior in society
We were originally _____ colonies - ANSWERS- 13
____ separate but equal branches - ANSWERS- 3
_____ articles of Constitution - ANSWERS- 7
Power of Judicial Review - ANSWERS- Power of judicial branch to make sure other
branches are in check (review their actions)
- What is constitutional v what is not
Answers
Trial Courts - ANSWERS- Where the case begins
Plaintiff - ANSWERS- Person who does the suing
Defendant - ANSWERS- Person being sued
Smith , et.al
What does "et.al" mean? - ANSWERS- It means "and others"
Same claim against 1 defendant is called : - ANSWERS- A class of plaintiffs
- Join together as a class and hire one attorney
The facts are established where? - ANSWERS- At the trial
Who applies the law? - ANSWERS- One Judge
Do you always have a jury? - ANSWERS- You may or may not have a jury
Who determines the facts? - ANSWERS- The jury
Who gives the jury the law before they deliberate? - ANSWERS- The judge
Verdict : - ANSWERS- The jury comes back with a verdict for the plaintiff or the
defendant
Evidence is presented where? - ANSWERS- The trial
Jury - ANSWERS- Try to determine how the law applies to the facts
Who decides is there is no jury? - ANSWERS- The judge
Transcript - ANSWERS- Official record of what happened at trial level
- No written case opinions
What happens if you lose at trial court level? - ANSWERS- You have the right to appeal
a level up to the Courts of Appeal
- Called Appellate Courts
What are the parties called at the Appellate Courts? - ANSWERS- Appellant
- Appellee
,Who is the appellant? - ANSWERS- One filing the appeal
Who is the appellee? - ANSWERS- One against appellant
At the Appellant Court Level, Judges are now called : - ANSWERS- Justices
How many justices are there? How many do you need to win? - ANSWERS- 3
- 2/3
How many justices are at the Supreme Court? How many do you need to win? -
ANSWERS- 9
- 5/9
At the Supreme Court Level, what are the parties called? - ANSWERS- Petitioner v
Respondent
~ Petitioner is the plaintiff
If the defendant lost, they can appeal? The defendant becomes : - ANSWERS- The
appellant
Appellate Court is not determining facts, they are reviewing trial court
True or False - ANSWERSTrue
What is the brief? - ANSWERS- Gives history on dispute
- Extremely important at appellate court
- Only opportunity to argue your argument b/c oral argument is too short
What is oral argument? - ANSWERS- Attorneys have equal time to justices
- Client does not have to be at oral argument
- Justices can stop, interrupt, take your time from you
- Attorney wants to answer questions from Justice as quick as possible while being
respectful
Case Opinion : - ANSWERS- Official record from Appellate Courts
- A Justice from the majority vote writes the case opinion
Garden Ridge, L.P. v Advance International, Inc.,
403 SW 3rd 432 (Ct.AppTex 2013). - ANSWERS- 403 is the volume
- SW is southwestern
- 3rd is third edition
- 432 is page number
- Ct.AppTex 2013 is Texas Appellant Court
We agree with the court underneath us : - ANSWERSAffirm
, If they do not affirm a decision they : - ANSWERSReverse and Remand
Reverse and Remand : - ANSWERS- Found an error of law, instead of changing trial's
decision, send it back down for a new trial
- New judge, new jury
- You can appeal from that trial again
Majority Opinion : - ANSWERS- The one that matters, the one that counts
- Carries legal weight
- Written by a Justice
- Controlling Opinion
Dissenting Opinion : - ANSWERS- Justices go with losing side
- Written by Justice that voted with minority
- Can have several of these opinions
Concurring Opinion : - ANSWERS- Written by 1 Justice that voted with majority
- His legal reasoning was different
Dicta : - ANSWERS- In the majority opinion but has no legal relevance
- Justice gets off track
- Not legally controlling on future cases
After oral argument: - ANSWERS- The Justices vote
- One that votes with majority may have more to say...can write their own concurring
opinion
Briefing a Case: - ANSWERSAction - What type of case is it
Facts - Brief Summary of facts
Issue - What is the issue
Ruling - Who won
Reasoning - Why did they win
Law : - ANSWERSA need to control behavior in society
We were originally _____ colonies - ANSWERS- 13
____ separate but equal branches - ANSWERS- 3
_____ articles of Constitution - ANSWERS- 7
Power of Judicial Review - ANSWERS- Power of judicial branch to make sure other
branches are in check (review their actions)
- What is constitutional v what is not
