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Chapter 4 Slide 1
The Court System
4-1 Dispute Resolution and the Courts
4-2 Federal Court System
4-3 State Court Systems
CHAPTER 4
Lessons
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Chapter 4 Slide 2
Dispute Resolutionand the Courts
Explain how disputes can be settled without resort to the courts
Name the different levels of courts and describe their powers
LESSON 4-1
GOALS
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Chapter 4 Slide 3
Hot Debate
Anthony Destin – hired by Berentinos at the same time as co-worker, Sarah.
Anthony have five years more experience than Sarah
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Chapter 4 Slide 4
CAN DISPUTES BE RESOLVED PRIVATELY?
Litigate – to resolve disputes in courtLitigation is time-consuming and
expensiveMediation – attempt by a neutral third
party to achieve a compromise between two parties in a dispute
Arbitration – informal hearing to determine what happened
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Chapter 4 Slide 5
MEDIATION
Mediator tries to develop a solution acceptable to both sides of the dispute.
The actions of a mediator are
advisory — not binding.
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Chapter 4 Slide 6
ARBITRATION
An arbitrator usually holds an informal hearing to determine what happened.
The arbitrator’s decision is binding on both parties.
The decision can be enforced by court order if necessary.
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Chapter 4 Slide 7
DIFFERENT LEVELS OF COURTS
Trial courtsAppellate courts
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Chapter 4 Slide 8
TRIAL COURTS
A trial court is the first court to hear a dispute.
A trial court has original jurisdiction over a case.
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Chapter 4 Slide 9
TRIAL COURTS (cont’d)
Consists of judge and lawyersConsists of:
Clerks – enter cases on the court calendar, keep records of proceedings, compute courts costs
Sheriffs/Bailiffs – summon witnesses, keep order in court, and take steps to carry out judgements
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Chapter 4 Slide 10
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
Appellate courts DO NOT hear witnesses and generally do not except new evidence
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Chapter 4 Slide 11
APPELLATE COURTS (cont’d)
Examine transcript – a verbatim record of what went on at trial
Read appellate briefs – written arguments on the issues of lawThese are submitted by opposing
attorneys
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Chapter 4 Slide 12
POSSIBLE APPELLATE COURT DECISIONS
Affirm (uphold) the decision of the lower courtReverse (overturn) the decision of the lower
courtAmend (change) the decision of the lower courtRemand the case—send it back to the trial court
for corrective action or possibly a new trial.
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Chapter 4 Slide 13
Federal Court System
Identify the source of power of the federal courtsName the various levels of federal courts and
describe their jurisdictions
LESSON 4-2
GOALS
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Chapter 4 Slide 14
ORIGINS OF OUR FEDERAL COURT SYSTEM
Federal courts received their power from the Constitution.
Article III - The Constitution granted Congress the power to establish inferior courts, as needed, to the U.S. Supreme Court.
also confers the power to judge certain criminal and civil matters in federal courts
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Chapter 4 Slide 15
FEDERAL COURT SYSTEM
United States Supreme CourtUnited States
Supreme Court
State Supreme Courts
State Supreme Courts
Specialized Federal Courts
Specialized Federal Courts
Many Federal Agencies
Many Federal Agencies
United States District Courts
United States District Courts
13 United States Courts of Appeals
(12 Circuit Courts)(1 Court of Appeals for the Federal Circuit)
13 United States Courts of Appeals
(12 Circuit Courts)(1 Court of Appeals for the Federal Circuit)
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Chapter 4 Slide 16
JURISDICTION OF THE FEDERAL COURTS
3 Levels of Federal courts have general jurisdiction – can hear almost any kind of caseFederal District CourtsFederal Courts of AppealsU.S. Supreme Court
Special jurisdiction – hears only one specific type of case
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Chapter 4 Slide 17
JURISDICTION OF THE FEDERAL COURTS
Federal District CourtsLowest level of federal court with general
jurisdictionTrial court of the federal systemOriginal jurisdictions over:
Federal questions that arise under the Constitution
Lawsuits between cities of different states, between a U.S. citizen and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation
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Chapter 4 Slide 18
FEDERAL COURTS OF APPEALS
Appellate jurisdiction over:District courtsFederal administrative agencies
No appellate court, not even the USSC, can change the factual determinations of a jury
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Chapter 4 Slide 19
FEDERAL COURTS OF APPEALS (cont’d)
13 Federal courts of appeal12 are circuit courts – responsible for an
assigned geographic area13th is dedicated to the “federal circuit”
Handles patent cases appealed out of the district court
Handles appeals from federal courts with special jurisdiction
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Chapter 4 Slide 21
U.S. SUPREME COURT
Both original and appellate jurisdictionOriginal jurisdiction handles:
Cases affecting ambassadorsPublic ministers and consuls
Most important is it’s exercise of appellate jurisdictionCases on appeals from the U.S. Court of
AppealsHighest courts of the various states.
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Chapter 4 Slide 22
U.S. SUPREME COURT (cont’d)
Writ of certiorari – compels the state court to turn over the record of the case to the Supreme Court for review
Jurisdiction over state supreme court cases is limitedFederal question must arise based on a federal
law or on the U.S. ConstitutionDecisions made by the USSC are final and
can only be overturned by the USSC or by an amendment to the Constitution
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Chapter 4 Slide 23
State Court Systems
Compare the structure of a typical state court with the structure of the federal courts
Identify state courts of specialized jurisdictionDiscuss the jurisdiction of the various typical
state courts
LESSON 4-3
GOALS
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Chapter 4 Slide 24
STRUCTURE OFSTATE COURT SYSTEMS
State trial courtsState courts of appealsState supreme courts
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STATE TRIAL COURTS
General original jurisdiction over both criminal and civil matters – circuit court
Some other states may refer to them as superior courts, district courts, or courts of common pleas
These all represent a court of record – an exact account of what goes on at trial
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Chapter 4 Slide 26
STATE TRIAL COURTS (cont’d)
Review decisions of courts of more specialized jurisdiction under them
They can retry cases to make a proper record
Original jurisdiction
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Chapter 4 Slide 27
STATE COURTS OF APPEALS
Usually consists of no more than three judges
No new evidence can be introducedSimilar to Federal Appellate court
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STATE SUPREME COURTS
A panel of three or more justices reviews the legal issues and listens to the attorneys’ oral arguments
Issue the final decision on matters of law appealed to them unless the U.S. Constitution or other federal issues are involved.
Original jurisdiction over state impeachment cases
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Chapter 4 Slide 29
A TYPICAL STATE COURT SYSTEM
Supreme CourtSupreme Court
Family Court
Family Court
Probate Court
Probate Court
Criminal Court
Criminal Court
Juvenile Court
Juvenile Court
Municipal Court
Municipal Court
Justice’s Court(The Court of a Justice of the Peace)
Justice’s Court(The Court of a Justice of the Peace) Small Claims CourtSmall Claims Court
Trial Court(Of Original General Jurisdiction)
Trial Court(Of Original General Jurisdiction)
Intermediate Appeals Court(In Populous States)
Intermediate Appeals Court(In Populous States)
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Chapter 4 Slide 30
STATE COURTS WITH SPECIALIZED JURISDICTION
Associate circuit courts
City or municipal courts
Small claims courts
Juvenile courts
Probate courts
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Chapter 4 Slide 31
ASSOCIATE CIRCUIT COURTS
Minor criminal casesState traffic offensesLawsuits in which small amounts are
involved (no more than $25,000)
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Chapter 4 Slide 32
CITY OR MUNICIPAL COURTS
Divided into traffic and criminal divisionsOrdinances are not considered criminal
lawsOnly state and federal governments can
make an act criminal
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Chapter 4 Slide 33
SMALL CLAIMS COURTS
Handle cases involving small amounts ($2,500 or less)
Attorneys are not requiredJudge hears case without a jury or
formal evidenceDecisions can be appealed to circuit
courts