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Chapter Three - MGMT 209 TAMU SWIM || very Flawless.
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Litigation correct answers the process in which a lawsuit is filed in order to have the issues resolved by the courts Plaintiff correct answers the party that begins the lawsuit Defendant correct answers the party that is being sued Preponderance of the Evidence correct answers the standar...

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  • August 17, 2024
  • 7
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

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  • litigation

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  • Chapter Three - MGMT 209 TAMU SWIM
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Chapter Three - MGMT 209 TAMU SWIM || very Flawless.
Litigation correct answers the process in which a lawsuit is filed in order to have the issues
resolved by the courts

Plaintiff correct answers the party that begins the lawsuit

Defendant correct answers the party that is being sued

Preponderance of the Evidence correct answers the standard for proving the defendant
responsible or liable in a civil court

Beyond Reasonable Doubt correct answers the standard of proof necessary in a criminal court

Trail Court correct answers the lowest court - where the case begins - develop the record of the
case which will become the foundation for the appeal case to the higher court if necessary

Appellate Courts correct answers the higher courts that lead to the highest court - primarily
concerned with whether or not error occurred at the lower courts

Appellate Courts' General Procedure correct answers (1) the appellant gives notice of appeal and
requests all of the items that the party wants to submit to the appellate court from the trail court
(2) the appellant prepares a brief citing precedent and proving error
(3) the appellee a brief trying to show why the appellant is wrong
(4) oral argument occurs before a court where both parties have a limited time
(5) the decision of the appellate court - could be months after oral argument

Appellant correct answers the party appealing a case from a lower court

Appellee correct answers the non-appealing party that the error is being cited against

Oral Argument correct answers when both parties in an appellate court has a restricted amount of
time to plead their cases to the judge or committee presiding over the case

Civil Court System correct answers arranged in a ladder of hierarchy and hears cases having to
do with civil law - composed of mainly trail courts (lower) and appellate courts (higher) - burden
of proof is lower and only needs a preponderance of the evidence since a loss of liberty is not on
the table

Criminal Court System correct answers parallel to the civil court system in structure (lower trial
courts and higher appellate courts) but does have some differences (1) the defendant is always
considered innocent until proven guilty (2) the burden of proof falls on the government and they
must prove the defendant guilty beyond reasonable doubt (3) bifurcated trial - one for guilt-
innocence and one for punishment (4) constitutional rights are applied here where they aren't in
civil cases (i.e. the right to trial by jury and the right to not self incriminate)

, Administrative Court System correct answers administrative and/or regulatory agencies have
their own courts and their own court system in part of creating administrative law

First Tier of Texas Trial Courts correct answers municipal courts
justice of the peace court
small claims court

Municipal Court correct answers 1st tier trail court - judge is appointed by the ruling body of a
city - jurisdiction of court is limited to violations of municipal ordinances and criminal
jurisdiction over minor state crimes (class C misdemeanors) that occur with the city limits of the
municipality - most municipal are not courts of record (so you get two trials if you appeal to a
higher court)

Trial de novo correct answers when you appeal a case that was held in court that wasn't a court
of record you get a trial de novo which starts again from the beginning in the higher court you
appealed to - like the first trial never occurred in the first place

Justice of the Peace Courts correct answers 1st tier trail court - created by the Texas constitution
- same level as the municipal court - has jurisdiction over criminal cases of class C
misdemeanors and civil jurisdiction over low dollar amount civil cases (under $10,000) - judges
are elected in a partisan election by the people living in the area the JOP would be serving -
number of JOPs courts per county varies throughout the state - JOPs serve a 4 year term and the
only qualifications to run are you have to be eligible to vote - can set bonds, perform weddings,
and in some cases be the county coroner - most are not court of records

Small Claims Courts correct answers 1st tier trail court - created by Texas legislation so that
ordinary Texas citizens would have a civil court where they could present their case without the
need of an attorney - most of the small claims court judges are also the JOP - only have
jurisdiction over civil cases up to $10,000 and NO jurisdiction over criminal matters - most small
claim courts have been merged into the justice of the peace courts

Second Tier of Texas Trail Courts correct answers county courts
county court at law
district court

County Courts correct answers a constitutional court created by the Texas Constitution -
Jurisdiction includes (1) appeals from all the lower courts (2) a trial court for criminal cases of a
higher nature i.e. class B and A misdemeanors (3) civil cases between $200-$10,000 (4) juvenile
matter (5) probate cases - judge elected in a partisan election - seated for four years -
qualifications do not include being a licensed attorney

County Court at Law correct answers i don't understand these that well sorry

District Court correct answers is the only trial court in the state of Texas - jurisdiction over pretty
much anything that hasn't been given exclusively to another court - jurisdiction

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