Bus-115 (Business Law): Chapter 3 Guide
The judicial process and criminal law and cyber crimes
Learning Objectives
After reading this chapter, students should be able to accomplish the following objectives:
- Explain the fundamental nature of American courts.
- Determine when a case can be brought in federal court.
- Recognize those cases that can be heard by the U.S. Supreme Court.
- Identify the structure of most state court systems.
- Define civil litigation.
- List the most common discovery techniques.
- Detail the nature of an appeal.
- Determine the extent of cyber-jurisdiction.
- Explain the nature of electronically stored information.
Describe the steps in a criminal prosecution
Major Concepts
3-1 The Court System
Courts are judicial tribunals that meet in a regular place and apply the laws in an attempt to settle disputes fairly. The federal court system is divided into three levels: the district courts, the courts of appeals, and the U.S. Supreme Court. State systems vary in structure but often consist of several levels, including lower-level limited jurisdiction trial courts, higher level trial courts, intermediate appellate courts, and state supreme courts.
3-2 Civil Procedure
Litigation begins when the plaintiff files a complaint with the appropriate trial court. The defendant must then be given a copy of the complaint and a summons. During the pre-answer stage, the defendant may attempt to dismiss the lawsuit by filing certain pre-answer motions. In the answer stage, the defendant will file an answer, which may contain affirmative defenses, counterclaims, and/or cross-claims. The defendant at this time may also file third-party complaints.
During the pretrial stage, conferences may be held, motions may be made, and discovery conducted. The trial includes the opening statement, each side’s case in chief, the opportunity for rebuttal and surrebuttal, the closing arguments, and the jury instructions. The jury then renders a verdict. Either party may appeal the case if that party believes that a legal error was made during the trial that influenced the verdict unfavorably. If a judgment is not paid, the court may issue a writ of execution.
3-3 Cyber-Procedure
Cyber-jurisdiction (i.e., electronic jurisdiction and e-jurisdiction) is the power of the court to hear a case based on Internet-related transactions. The Federal Rules of Civil Procedure now permit federal courts to allow—and, at times, even require—lawyers to file court documents electronically. The Federal Rules now refer to cyber-evidence as electronically stored information (ESI). The rules also now deal with special situations involving ESI and discovery.
3-4 Criminal Procedure
The steps in a criminal prosecution include the arrest and initial appearance, the preliminary hearing, the formal charges, the arraignment, and the trial. At the time of the arrest, the defendant must be informed of his or her rights. Immediately following the arrest, the defendant is brought before a judge or a magistrate for an initial appearance, at which time the defendant is again reminded of his or her rights.
A preliminary hearing is also scheduled. A preliminary hearing is a court procedure during which the judge will decide whether probable cause exists to continue to hold the defendant pending formal charges. Formal charges against the defendant may be brought either by indictment or by information. The arraignment is a formal court proceeding, during which the defendant pleads guilty or not guilty. The trial includes the opening statement, each side’s case, the closing arguments, and the jury instructions. The jury then renders a verdict.
