THE COURT SYSTEM &THE COURT SYSTEM &DISPUTE RESOLUTIONDISPUTE RESOLUTION

Used by permission. For Educational purposes

only.

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The Court SystemThe Court System

Courts hear disputes according to their Courts hear disputes according to their jurisdiction. jurisdiction.

Subject matter jurisdictionSubject matter jurisdiction covers covers types of proceedings a court may types of proceedings a court may hear. hear.

Limited (special) jurisdictionLimited (special) jurisdiction courts courts deal with cases restricted to certain deal with cases restricted to certain subject matter.subject matter.

Appellate jurisdictionAppellate jurisdiction reviews the reviews the work of a lower court. Either affirm work of a lower court. Either affirm or reverse.or reverse.

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Court SystemsCourt Systems

The courts in the United States are The courts in the United States are organized into the state and federal organized into the state and federal court systems, each (generally) with court systems, each (generally) with three levels: three levels:

trial courts.trial courts.

appellate courts.appellate courts.

a supreme court.a supreme court.

Supreme and appellate courts review Supreme and appellate courts review the decisions of trial courts and either the decisions of trial courts and either affirm, reverse or remand the lower affirm, reverse or remand the lower court’s decision.court’s decision.

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The Federal Court The Federal Court SystemSystem

Review

Supreme Court of the United States (Highest appeals court; review from lower appeals courts is

usually at the discretion of the Supreme Court)

Federal District Courts

Bankruptcy Court

Tax CourtIndian Tribal Court

U.S. Courts of AppealsU.S. Courts of Appeals

Circuit Courts – Jurisdiction by geographic area.

Court of Appeals for the Federal Circuit – Nationwide jurisdiction by subject matter

Specialty Courts

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The State Court The State Court SystemSystem

State Supreme CourtState Supreme Court

PossibleAppeal to the

United States

Supreme Court

State Court of AppealsState Court of Appeals

General Trial CourtGeneral Trial Court(County, Circuit & Superior Court)(County, Circuit & Superior Court)

Specialty CourtsSpecialty Courts

JuvenileJuvenile ProbateProbate DomesticDomesticRelationsRelations

City orCity orMunicipalMunicipal(Traffic)(Traffic)

SmallSmallClaimsClaims

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Court ProcedureCourt Procedure

Within the courts of original jurisdiction, Within the courts of original jurisdiction, there are rules for procedures in all there are rules for procedures in all matters. matters.

A civil case begins with the filing of a A civil case begins with the filing of a complaintcomplaint by a plaintiff, which is served by a plaintiff, which is served upon the defendant and then answered. upon the defendant and then answered.

Discovery is the pretrial process used by Discovery is the pretrial process used by the parties to find out the evidence in the the parties to find out the evidence in the case (depositions, interrogatories, and case (depositions, interrogatories, and document requests).document requests).

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Court ProcedureCourt Procedure

The case is managed by a judge and may be heard The case is managed by a judge and may be heard by a jury.by a jury.

Through the process of Through the process of voir direvoir dire, the parties , the parties may challenge the selection of certain may challenge the selection of certain potential jurors. potential jurors.

The trial involves opening statements, the The trial involves opening statements, the presentation of evidence, and the direct and cross-presentation of evidence, and the direct and cross-examination of witnesses. examination of witnesses.

Once a judgment is entered, the party who has Once a judgment is entered, the party who has won can collect the judgment through won can collect the judgment through garnishment and a writ of execution.garnishment and a writ of execution.

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Conflicts of LawConflicts of Law

Conflict of laws:Conflict of laws:

Law of state where complaint is filed governs Law of state where complaint is filed governs procedural issues and rules of evidence.procedural issues and rules of evidence.

For contract formation, courts apply law of state in For contract formation, courts apply law of state in which contract was formed.which contract was formed.

For contract performance, courts apply law of For contract performance, courts apply law of state in which contract is to be performed.state in which contract is to be performed.

International: most significant contacts with International: most significant contacts with transaction.transaction.

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1. Complaint by plaintiff2. Service of process on defendant

3. Defendant’s answer

4. Discovery

5. Motion for Summary Judgment(if no factual issues)

1. Complaint by plaintiff2. Service of process on defendant

3. Defendant’s answer

4. Discovery

5. Motion for Summary Judgment(if no factual issues)

DenyDenyCounterclaimCounterclaim

AdmitAdmit

DenyDenyCounterclaimCounterclaim

AdmitAdmit

DepositionsDepositionsInterrogatoriesInterrogatories

Request for ProductionRequest for Production

DepositionsDepositionsInterrogatoriesInterrogatories

Request for ProductionRequest for Production

Initial Steps in a LawsuitInitial Steps in a Lawsuit

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The TrialThe TrialTrialTrial

a. Jury selectiona. Jury selection

b. Opening statements.b. Opening statements.

c. Plaintiff’s case.c. Plaintiff’s case.d. Motion for directed verdict.d. Motion for directed verdict.

e. Defendant’s case.e. Defendant’s case.f. Summation.f. Summation.

g. Jury instructions.g. Jury instructions.h. Jury verdict or mistrial h. Jury verdict or mistrial

(deadlocked).(deadlocked).

i. Motion for new trial or i. Motion for new trial or judgment.judgment.

j. Recovery - fees, execution, j. Recovery - fees, execution, garnishment.garnishment.

voir dire.voir dire.challenge for cause.challenge for cause.

peremptory peremptory challenge.challenge.

Direct.Direct.Cross.Cross.

Redirect.Redirect.Recross.Recross.

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Alternative Dispute Alternative Dispute ResolutionResolution

ArbitrationArbitration ReferencReference to e to

RefereeReferee

AssociatioAssociation Tribunaln Tribunal

SummarSummary Jury y Jury TrialTrial

Rent-Rent-a-a-

JudgeJudge

ADRADR

MediationMediation

MinitrialMinitrial

Use of Use of OmbudsmaOmbudsma

nn

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Alternative Dispute Alternative Dispute ResolutionResolution

Arbitration – disputes are settled by Arbitration – disputes are settled by arbitrators who take evidence and make a arbitrators who take evidence and make a binding or non-binding decision.binding or non-binding decision.

Uniform Arbitration Act.Uniform Arbitration Act. Federal Arbitration Act.Federal Arbitration Act.

Arbitration – disputes are settled by Arbitration – disputes are settled by arbitrators who take evidence and make a arbitrators who take evidence and make a binding or non-binding decision.binding or non-binding decision.

Uniform Arbitration Act.Uniform Arbitration Act. Federal Arbitration Act.Federal Arbitration Act.

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Alternative Dispute Alternative Dispute ResolutionResolution

Mediation – disputes are settled by the Mediation – disputes are settled by the parties who use a third person to parties who use a third person to facilitate their settlement. facilitate their settlement.

Summary Jury Trial.Summary Jury Trial.Mini-trial.Mini-trial.Ombudsman.Ombudsman.

Mediation – disputes are settled by the Mediation – disputes are settled by the parties who use a third person to parties who use a third person to facilitate their settlement. facilitate their settlement.

Summary Jury Trial.Summary Jury Trial.Mini-trial.Mini-trial.Ombudsman.Ombudsman.