warm up: venn diagram of dispute resolution
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Warm Up: Venn Diagram of Dispute Resolution. Directions: Draw a blank Venn diagram Label each circle (put labels OUTSIDE the circle) Partner with a new person to answer the questions. Outcome is usually (or always) legally binding - PowerPoint PPT PresentationTRANSCRIPT
Warm Up: Venn Diagram of Dispute Resolution
A. Outcome is usually (or always) legally bindingB. A third party participates to help resolve the conflictC. Least expensiveD. Case is decided by the participants with help from a third partyE. Case is decided by an impartial third partyF. Most expensiveG. Proceedings are public (in Oregon) and may involve a jury
Arbitration
MediationAdjudication (court action)
Directions:
1. Draw a blank Venn diagram
2. Label each circle (put labels OUTSIDE the circle)
3. Partner with a new person to answer the questions
Settling Disputes: From Talking to Litigating
AGENDAFebruary 27, 2013
Today’s topics Legal Methods for Resolving Disputes Organization of the Legal System Jury Selection
Administrative Unit 1 Test: Wednesday, March 6
Homework None
Learning GoalsUnit 1 Guide
Understand legal methods for resolving disputes• Explain and evaluate legal methods for resolving disputes,
including mediation, arbitration, and court action
Understand the organization of the legal system• Compare and contrast the roles of federal and state court
systems• Compare and contrast the functions and purposes of trial
courts and appeals courts• Describe and critique the role of juries in the U.S. legal system
Chapter 5: OverviewTrial Courts
Listen to testimony from witnesses, consider evidence, and decide the facts in a dispute
Defendants in both criminal and civil cases are guaranteed the right to a jury
Appeals Courts No witnesses or juries in appeals courts Usually issues a written opinion
Precedent
Chapter 5: OverviewFederal & State Court Systems
State courts can handle cases that deal with state and federal law
Federal courts only hear cases involving federal law or certain cases that involve parties from different states
Tribal Courts Native Americans have certain powers over their
reservations: regulate family relationships, tribal membership, and law & order on the reservation.
Chapter 5: OverviewThe U.S. Supreme Court
Establishes the most important legal precedents All courts in the U.S. must follow U.S. Supreme
Court decisions
International Courts International Court of Justice established by the
U.N. The International Criminal Court tries individuals
for war crimes and other international crimes
What is “a jury of your peers” in Oregon?
A Jury of Your PeersThe U.S. Constitution says: "The trial of all crimes . . . shall be by jury" (Article III, Section 2) "No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a grand jury" (Amendment V)
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed" (Amendment VI)
"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved" (Amendment VII)
A Jury of Your PeersThe Oregon Constitution says: “In all criminal prosecutions, the accused shall
have the right to public trial by an impartial jury…” (Article I, Section 11)
“…no fact tried by a jury shall be otherwise re-examined in any court of this state, unless the court can affirmatively say there is no evidence to support the verdict.” (Article VII, Section 3)
How are jurors selected in Oregon?
Where does the list of potential jurors come from? Does the answer to this question limit the possible
jurors to certain types of people?
How long will jurors be asked to serve? Does this make jury duty a hardship for some?
What will happen if a person does not appear when summoned? Does this penalty encourage people to serve?
How are jurors selected in Oregon?What are some reasons a person may be excused from jury duty? Who is exempt from jury duty? How does this limit the potential juror pool, and do you find
these limits acceptable?
What are the rules for employers, and how much are jurors paid for jury duty? Think about how this affects the ease or difficulty for some
people to perform jury duty.
What else?—age restrictions, how often people are called for jury duty, and anything else you found?... How do these affect the juror pool?
Quick Write:How are jurors selected in Oregon?
Do you think Oregon juries are representative of our population?
Do you think juries in Oregon are “juries of your peers”? Why or why not?
Homework
Before you leave Pick up your belongings and any trash Straighten tables and chairs
Homework None