LAW QUESTIONS

Law Questions



Law Questions

Question 1

Trial courts are the courts where cases start. In the trial court, both sides present evidence to show their version of what happened. Most of the evidence presented in the trial court comes from witnesses (people who answer questions relating to the case) and exhibits (items and documents connected to the case, such as pictures, clothes, weapons, papers, etc.). However, in the appellate courts, there are no witnesses, and no evidence is presented. In appellate courts, the lawyers simply argue legal and policy issues before the judge or a group of judges. In the trial courts, the lawyers present evidence and legal arguments to persuade the jury in a jury trial or the judge in a bench trial.

Question 2

A typical state court system has four levels:

a trial court of limited jurisdiction, typically called a district court, a municipal court, or a justice court;

a trial court of general jurisdiction, typically called a superior court or a circuit court (chancery courts in the states that still have them are on this level);

an intermediate appellate court; and

A state supreme court.

Traditionally, the trial court of limited jurisdiction has handled non-jury trials for traffic offenses, misdemeanors, and civil lawsuits seeking damages up to a certain amount, while the trial court of general jurisdiction has handled felonies, civil lawsuits seeking damages above a certain amount, jury trials, and (in states not having separate courts of equity) cases seeking equitable relief (Administrative Office of the United States Courts, 1989). However, there is a trend toward consolidation of the first two levels into a single level of trial courts. For example, California and the District of Columbia have superior courts that are not superior to any other courts, New York has two levels of courts above the Supreme Court, and Maryland calls its court of ordinary appeals the Court of Special Appeals. The lower-level trial court (or, less often, the upper-level trial court) can have specialized divisions, such as a family court, a probate court, and a small claims court.

Question 3

Scheduling

Attorneys may not schedule any other cases during a Primary Day shift. Attorneys may not split their primary day assignments with other panel attorneys. If due to scheduling, an attorney has a case which requires an appearance on a Primary Day, they must re-assign their Primary Day shift as they may not leave the courtroom which they ...