Chapter 4 The Court System 4 1 Dispute

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Chapter 4 The Court System 4 -1 Dispute Resolution and the Courts 4 -2

Chapter 4 The Court System 4 -1 Dispute Resolution and the Courts 4 -2 Federal Court System 4 -3 State Court System

Goals • Explain how disputes can be settled without resort • Name the different

Goals • Explain how disputes can be settled without resort • Name the different levels of courts and describe their powers. What’s your verdict? 7 -Eleven sells franchises for stores bearing its name. The franchise agreement specifies that disputes between 7 Eleven and those who buy a franchise should be settled by arbitration rather that by a trial in court. Can 7 -Eleven compel its franchisees to use arbitration instead of litigation?

Dispute Resolution and the Courts • Litigate – to take a dispute to the

Dispute Resolution and the Courts • Litigate – to take a dispute to the courts. • Mediator – The third parties invite an independent third party to act as a mediator. The mediator tries to develop a solution that is acceptable to both sides of the dispute. The mediator’s actions are advisory. They do not bind the parties.

Dispute Resolution and the Courts • Arbitrator – someone who holds an informal hearing

Dispute Resolution and the Courts • Arbitrator – someone who holds an informal hearing to determine what happened in a dispute. An Arbitrator’s decision is binding to both parties. An Arbitrator’s decision can be enforced by a court order if necessary.

Different Levels of Courts • Doyle made an illegal U-turn. A police officer saw

Different Levels of Courts • Doyle made an illegal U-turn. A police officer saw it and gave him a citation(an order to appear in court). Doyle claimed that the sign forbidding a U-turn at that intersection was obstructed by a tree branch. The officer replied, “Sorry, sir. Tell it to the judge in court. ” Why is a court necessary in this situation?

Different Levels of Courts • Court- a governmental forum that administers justice under the

Different Levels of Courts • Court- a governmental forum that administers justice under the law. • A court can decide civil disputes and criminal disputes. • A court may award damages in civil cases, and impose punishment in criminal cases. • Courts follow impartial and thorough procedures to make decisions. Both sides have a chance to argue their side. • The two levels of courts are trial courts and appellate courts.

Trial Courts • A trial court is the first court to hear a dispute.

Trial Courts • A trial court is the first court to hear a dispute. • It has original jurisdiction over a case. • Consists of judges, lawyers, clerks, sheriffs or marshals, bailiffs, and jury members. • Clerks keep records. • Sheriffs issue summons, keep order, and take steps to carry out judgments. • Jury consist of citizens that decide issues.

Appellate Courts • An appellate court reviews decisions of lower courts when a party

Appellate Courts • An appellate court reviews decisions of lower courts when a party claims an error was made during the previous proceeding. • Appellate courts are concerned with errors of law rather than questions of fact. • Transcript- a verbatim record of what went on at trial. • Appellate briefs – Written arguments on the issues of law. • This court can affirm(uphold), reverse(overturn), amend(change), or remand(send back to lower court) a previous lower court decision.

The Federal Court System • Identify the source of power of the federal courts.

The Federal Court System • Identify the source of power of the federal courts. • Name the various levels of federal courts and describe their jurisdictions. What’s your verdict? Jim and Marla were discussing how U. S. Bankruptcy Courts were empowered to decide cases. Jim said that federal courts received their power from the U. S. Constitution. Marla thought Congress had created and empowered the bankruptcy courts. Who is correct?

Origins of our Federal Court System • After George Washington’s inauguration as our first

Origins of our Federal Court System • After George Washington’s inauguration as our first president, it took nearly six months for Congress to utilize the power granted under Article III of the Constitution and pass the Federal Judiciary Act. This act “ordained and established” the U. S. Supreme Court and the circuit courts of appeals. Later, Congress established district courts and special courts.

Jurisdiction of the Federal Courts • Three levels of federal courts with general jurisdiction:

Jurisdiction of the Federal Courts • Three levels of federal courts with general jurisdiction: 1. District Courts 2. Federal Courts of Appeals 3. the U. S. Supreme Court • General Jurisdiction means can hear any type of case. • Special jurisdiction means can hear only hear one specific type of case.

Federal District Courts • • • Types of Cases Federal questions Constitutional Questions U.

Federal District Courts • • • Types of Cases Federal questions Constitutional Questions U. S. Law or Treaty Questions Lawsuits between citizens of different states U. S. Citizen vs. Foreign Nation Citizen (diversity of citizenship) and has to be more than $75, 000

Federal Courts of Appeals • Do not hear accept new evidence or call witnesses

Federal Courts of Appeals • Do not hear accept new evidence or call witnesses • Only review lower court trials • Cannot change the factual determinations of a jury • 13 federal courts of appeals • 13 th one is dedicated to the “federal circuit” which hears patent cases on appeal and special jurisdiction appeals.

The U. S. Supreme Court • Has both original and appellate jurisdiction • Can

The U. S. Supreme Court • Has both original and appellate jurisdiction • Can hear original cases involving ambassadors, public ministers, consuls, and those in which a state shall be a party. • Hear U. S. Court of Appeals Cases and other high courts of the states. • Can issue a “writ of certiorari” that compels the state court to turn a case over to them because it involves a constitutional issue. • Only time to take over state supreme court issues is when a federal question comes into play.

4 -3 State Court Systems • Compare the structure of a typical state court

4 -3 State Court Systems • Compare the structure of a typical state court with the structure of the federal courts. • Identify typical state courts of specialized jurisdiction. • Discuss the jurisdiction of the various typical state courts. What’s Your Verdict? When Simon withheld the security deposit after Annie moved out of her apartment. Annie sued him in small claims court to get it refunded. When she lost, she told her friend that she would appeal it directly to the U. S. Supreme Court. Can she do so?

State Trial Courts • Known as circuit courts • Some states call them superior

State Trial Courts • Known as circuit courts • Some states call them superior courts, district courts, or courts of common pleas. • A court of record keeps an exact account of what goes on at trial. • They review or handle appeals of lower courts below them. Mostly retry cases. • Has original jurisdiction

State Courts of Appeals • Usually consist of a panel of 3 judges that

State Courts of Appeals • Usually consist of a panel of 3 judges that review cases from lower trial courts. • They cannot bring in new evidence. • They can overturn, uphold, or send back the verdict of the lower court.

State Supreme Court A panel of 3 or more justices review legal issues and

State Supreme Court A panel of 3 or more justices review legal issues and listen to oral arguments. They are the final decision on most cases appealed to them unless a federal issue is involved. Has original jurisdiction over most state impeachment cases.

Associate Circuit Courts • Also called county courts • Hear minor criminal cases, state

Associate Circuit Courts • Also called county courts • Hear minor criminal cases, state traffic offenses, and lawsuits in which small amounts are involved(no more than $25, 000) • Not courts of record • Take a burden off the higher courts • Through appeal their cases can to take to a court of record

City or Municipal Courts • Courts that administer the ordinances of a city. •

City or Municipal Courts • Courts that administer the ordinances of a city. • Traffic and criminal • Ordinances are not considered criminal laws.

Small Claims Courts • Disputes in which $2, 500 or less is involved. •

Small Claims Courts • Disputes in which $2, 500 or less is involved. • No attorneys • Judge hears a case without a jury or formal rules of evidence • Can be appealed to the circuit court

Juvenile Courts • Over 13 and Under 18 years of age are considered juvenile.

Juvenile Courts • Over 13 and Under 18 years of age are considered juvenile. • Juveniles have their full constitutional rights. • Wider range of options for punishment • Emphasis is on rehabilitation. • Hide from public knowledge • Records not open to the public • Can be tried as an adult

Probate Courts • Courts that administer wills and estates • The process is formal

Probate Courts • Courts that administer wills and estates • The process is formal and complex