Presentation on theme: "The Court System Lessons CHAPTER 4"— Presentation transcript:
1 The Court System Lessons CHAPTER 4 4/1/2017Chapter 4CHAPTER 4The Court SystemLessons4-1 Dispute Resolution and the Courts4-2 Federal Court System4-3 State Court Systems
2 Dispute Resolution and the Courts CHAPTER 44/1/2017Chapter 4LESSON 4-1Dispute Resolution and the CourtsGOALSExplain how disputes can be settled without resort to the courtsName the different levels of courts and describe their powers
3 Chapter 4Hot DebateAnthony Destin – hired by Berentinos at the same time as co-worker, Sarah.Anthony have five years more experience than Sarah
4 CAN DISPUTES BE RESOLVED PRIVATELY? Chapter 4CAN 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 disputeArbitration – informal hearing to determine what happened
5 Chapter 4MEDIATIONMediator tries to develop a solution acceptable to both sides of the dispute.The actions of a mediator areadvisory — not binding.
6 Chapter 4ARBITRATIONAn 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.
7 DIFFERENT LEVELS OF COURTS Chapter 4DIFFERENT LEVELS OF COURTSTrial courtsAppellate courts
8 TRIAL COURTS A trial court is the first court to hear a dispute. Chapter 4TRIAL COURTSA trial court is the first court to hear a dispute.A trial court has original jurisdiction over a case.
9 TRIAL COURTS (cont’d) Consists of judge and lawyers Consists of: Chapter 4TRIAL COURTS (cont’d)Consists of judge and lawyersConsists of:Clerks – enter cases on the court calendar, keep records of proceedings, compute courts costsSheriffs/Bailiffs – summon witnesses, keep order in court, and take steps to carry out judgements
10 Chapter 4APPELLATE COURTSAn 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 factAppellate courts DO NOT hear witnesses and generally do not except new evidence
11 APPELLATE COURTS (cont’d) Chapter 4APPELLATE COURTS (cont’d)Examine transcript – a verbatim record of what went on at trialRead appellate briefs – written arguments on the issues of lawThese are submitted by opposing attorneys
12 POSSIBLE APPELLATE COURT DECISIONS Chapter 4POSSIBLE APPELLATE COURT DECISIONSAffirm (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.
13 Federal Court System GOALS LESSON 4-2 Chapter 4LESSON 4-2Federal Court SystemGOALSIdentify the source of power of the federal courtsName the various levels of federal courts and describe their jurisdictions
14 ORIGINS OF OUR FEDERAL COURT SYSTEM Chapter 4ORIGINS OF OUR FEDERAL COURT SYSTEMFederal 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
15 FEDERAL COURT SYSTEM United States Supreme Court State Supreme Courts Chapter 4FEDERAL COURT SYSTEMUnited States Supreme CourtState Supreme CourtsSpecialized Federal CourtsMany Federal AgenciesUnited States District Courts13 United States Courts of Appeals(12 Circuit Courts)(1 Court of Appeals for the Federal Circuit)
16 JURISDICTION OF THE FEDERAL COURTS Chapter 4JURISDICTION OF THE FEDERAL COURTS3 Levels of Federal courts have general jurisdiction – can hear almost any kind of caseFederal District CourtsFederal Courts of AppealsU.S. Supreme CourtSpecial jurisdiction – hears only one specific type of case
17 JURISDICTION OF THE FEDERAL COURTS Chapter 4JURISDICTION OF THE FEDERAL COURTSFederal District CourtsLowest level of federal court with general jurisdictionTrial court of the federal systemOriginal jurisdictions over:Federal questions that arise under the ConstitutionLawsuits 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
18 FEDERAL COURTS OF APPEALS Chapter 4FEDERAL COURTS OF APPEALSAppellate jurisdiction over:District courtsFederal administrative agenciesNo appellate court, not even the USSC, can change the factual determinations of a jury
19 FEDERAL COURTS OF APPEALS (cont’d) Chapter 4FEDERAL 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 courtHandles appeals from federal courts with special jurisdiction
21 U.S. SUPREME COURT Both original and appellate jurisdiction Chapter 4U.S. SUPREME COURTBoth original and appellate jurisdictionOriginal jurisdiction handles:Cases affecting ambassadorsPublic ministers and consulsMost important is it’s exercise of appellate jurisdictionCases on appeals from the U.S. Court of AppealsHighest courts of the various states.
22 U.S. SUPREME COURT (cont’d) Chapter 4U.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 reviewJurisdiction 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
23 State Court Systems GOALS LESSON 4-3 Chapter 4LESSON 4-3State Court SystemsGOALSCompare the structure of a typical state court with the structure of the federal courtsIdentify state courts of specialized jurisdictionDiscuss the jurisdiction of the various typical state courts
24 STRUCTURE OF STATE COURT SYSTEMS Chapter 4STRUCTURE OF STATE COURT SYSTEMSState trial courtsState courts of appealsState supreme courts
25 Chapter 4STATE TRIAL COURTSGeneral original jurisdiction over both criminal and civil matters – circuit courtSome other states may refer to them as superior courts, district courts, or courts of common pleasThese all represent a court of record – an exact account of what goes on at trial
26 STATE TRIAL COURTS (cont’d) Chapter 4STATE TRIAL COURTS (cont’d)Review decisions of courts of more specialized jurisdiction under themThey can retry cases to make a proper recordOriginal jurisdiction
27 STATE COURTS OF APPEALS Chapter 4STATE COURTS OF APPEALSUsually consists of no more than three judgesNo new evidence can be introducedSimilar to Federal Appellate court
28 Chapter 4STATE SUPREME COURTSA panel of three or more justices reviews the legal issues and listens to the attorneys’ oral argumentsIssue 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
29 A TYPICAL STATE COURT SYSTEM Chapter 4A TYPICAL STATE COURT SYSTEMSupreme CourtFamily CourtProbate CourtCriminal CourtJuvenile CourtMunicipal CourtJustice’s Court(The Court of a Justice of the Peace)Small Claims CourtTrial Court(Of Original General Jurisdiction)Intermediate Appeals Court(In Populous States)
30 STATE COURTS WITH SPECIALIZED JURISDICTION Chapter 4STATE COURTS WITH SPECIALIZED JURISDICTIONAssociate circuit courtsCity or municipal courtsSmall claims courtsJuvenile courtsProbate courts
31 ASSOCIATE CIRCUIT COURTS Chapter 4ASSOCIATE CIRCUIT COURTSMinor criminal casesState traffic offensesLawsuits in which small amounts are involved (no more than $25,000)
32 CITY OR MUNICIPAL COURTS Chapter 4CITY OR MUNICIPAL COURTSDivided into traffic and criminal divisionsOrdinances are not considered criminal lawsOnly state and federal governments can make an act criminal
33 Chapter 4SMALL CLAIMS COURTSHandle 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