law for business and personal use © south-western publishing chapter 4 slide 1 the court system 4-1...

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING

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


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


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


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


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.


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.


Chapter 4 Slide 7

DIFFERENT LEVELS OF COURTS

Trial courtsAppellate courts


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.


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


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


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


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.


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


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


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)


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


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


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


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


Chapter 4 Slide 20

FEDERAL COURTS


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.


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


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


Chapter 4 Slide 24

STRUCTURE OFSTATE COURT SYSTEMS

State trial courtsState courts of appealsState supreme courts


Chapter 4 Slide 25

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


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


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


Chapter 4 Slide 28

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


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)


Chapter 4 Slide 30

STATE COURTS WITH SPECIALIZED JURISDICTION

Associate circuit courts

City or municipal courts

Small claims courts

Juvenile courts

Probate courts


Chapter 4 Slide 31

ASSOCIATE CIRCUIT COURTS

Minor criminal casesState traffic offensesLawsuits in which small amounts are

involved (no more than $25,000)


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


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


Chapter 4 Slide 34

Juvenile Court

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