July, 13 2013
(Week 3 Assignment Introduction to Law)
1. What are the two basic functions of trial courts.
The trial court's basic function is to resolve disputes by determining the facts and applying legal principles to decide who is right. The appellate court's task is to determine whether the law was applied correctly in the trial court.
2. What is the difference between a dissenting and a concurring opinion?
So Majority opinion is called the "Opinion of the Court," this ...view middle of the document...
List the major differences between trial and appellate courts.
Trial courts are the courts where cases start. In the trial court, both sides present evidence to show their version of what happened but in the appellate courts, there are no witnesses, and no evidence is presented.
Also the second difference between the two courts is the judges. In trial courts, there is one judge in the courtroom. That judge decides what evidence can and cannot be used and often decides the outcome of the case. In Indiana, appeals are decided by more then one judge.
The last major difference between the trial courts and the appellate courts is the role of the jury. A jury is a group of citizens who listen to the facts and make decisions about the case.
4. On what basis (you can name more than one) can a Case go to Federal Court?
It has to do with something that involves a question of federal law or that the federal court has jurisdiction for some other reason, such as diversity.
Reuther v. Southern Cross Club, Inc., 785 F. Supp 1339 (S.D.Ind. 1992)
People v. Martinez, 207 A.2d 284, 615 N.Y.S.2d 383 (1994)