1. CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution
4/15/2017
CHAPTER 3 Court Systems
3-1 Forms of Dispute Resolution
3-2 The Federal Court System
3-3 State Court Systems

2. 3-1 Forms of Dispute Resolution
GOALS
Explain how disputes can be settled without going to court
Name the different levels of courts and describe their powers
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3. FOCUS
What two types of courts are used in our legal system to settle disputes?
Trial and appellate
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4. DISPUTE RESOLUTION
How can disputes be resolved without going to court?
Often best for both parties in a dispute to settle between themselves.
Costs less and if you settle yourself you might be able to get to a win-win solution.
Can use a mediator – independent third party to help develop a solution acceptable to both sides.
Mediator solutions are not legally binding
May hire an arbitrator – holds informal hearing to determine what happened.
Arbitrator decision is legally binding to both parties
Their decisions can be enforced by court order
It can be in a contract that you need to settle disputes by arbitration
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5. DISPUTE RESOLUTION How do courts settle disputes?
Court – a governmental forum that administers justice under the law
Decides disputes between private individuals and in criminal cases
May award damages or order other appropriate relief and impose punishment (fines/imprisonment) in criminal cases.
Courts are to be impartial and make decisions using thorough procedures.
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6. DISPUTE RESOLUTION Trial courts – court where dispute is first heard
Hears witnesses testify
Reviews evidence
Applies what it selects as appropriate law to reach the verdict (decision)
Has Original jurisdiction – original power to decide the case.
Members of trial court
Judge
Lawyers (officers of the court)
Clerks – keeps records of proceedings and computes court costs
Sheriffs serve as bailiffs who summon witnesses and keep order in the court and take steps to carry out judgments in the state court system. (Marshals in federal court)
Juries sworn by court to decide issues of facts
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7. DISPUTE RESOLUTION
Appellate courts – reviews decisions of lower courts when a party claims an error was made during the lower court’s proceedings.
They determine only with errors in law
They examine the transcript (verbatim record of the trial)
They read appellate briefs (written arguments on the issues of law submitted by the opposing attorneys)
They often listen to attorneys’ oral arguments
Judges can question the attorneys
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8. DISPUTE RESOLUTION
Appellate courts can decided whether the decision of the lower court was
Right (Uphold)
Should be reversed (Overturned)
Changed
Sent back to the trial court for corrective action or possibly a new trial. (Remanded)
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9. What are the two levels of courts, and what is the function of each?
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10. 3-2 The Federal Court System
GOALS
Identify the source of power of the federal courts
Name the various levels of federal courts and describe their jurisdictions
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11. FOCUS Where did the federal courts receive their power?
From the Constitution (Article III, Section I)
Originally the founders did not believe that a federal supreme court was necessary. Why do you think?
The presumed that disputes between the citizens of various states could be fairly litigated in the state court system.
Why do you think a federal court system is necessary?
To provide a neutral forum for the resolution of significant disputes.
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12. ORIGIN OF THE FEDERAL COURT SYSTEM
Judiciary Acts established:
U.S. Supreme Court
13 district courts
Federal Courts of Appeal
Specialized courts – hears only one type of case
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13. What is the source of power of the federal courts?
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14. JURISDICTION OF THE FEDERAL COURTS
Federal District Courts – lowest level of federal court with general jurisdiction
A trial court of the federal system
Jurisdiction over
federal questions, or
cases that arise under the Constitution,
US law,
US treaties and
Laws suits between citizens of different states
Law suits between US citizen and foreign nation or citizen
More than $75,000 must be in dispute in federal diversity of citizenship lawsuits
Diversity of citizenship
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15. FEDERAL COURT SYSTEM
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16. JURISDICTION OF THE FEDERAL COURTS
Federal Courts of Appeals – appellate jurisdiction over the district courts, certain specialized federal courts and many federal administrative agencies.
No appellate court can change the factual determinations of a jury
There are 13 federal courts of appeal.
12 are circuit courts assigned by geographic area
1 dedicated to federal circuit and handles patent cases from district courts and appeals from federal courts with special jurisdiction
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17. FEDERAL COURT SYSTEM
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18. JURISDICTION OF THE FEDERAL COURTS
United States Supreme Court – has both original and appellate jurisdiction.
Hears cases affecting ambassadors and other public ministers
Cases in which a state shall be party.
Hears appeals from the US Court of Appeals or from the highest courts of the states
If case contains constitutional issues important enough for them they issue a writ of certiorari to the last court case was in (order that compels the state court to turn over the record of the case for review)
Jurisdiction over state supreme court cases is limited to those in which a federal question of law or on US constitution.
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19. FEDERAL COURT SYSTEM
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20. Name the three levels of federal courts and describe the jurisdiction of each.
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21. 3-3 State Court Systems GOALS
Compare the structure of a typical state court system with the structure of the federal courts
Identify typical state courts of specialized jurisdiction
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22. FOCUS
What is the primary difference between the federal court system and a state court system?
The types of specialized courts found:
Federal: Bankruptcy, court of international trade, tax court
State: probate, juvenile, family, small claims
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23. A TYPICAL STATE COURT SYSTEM
3 tier system like the federal system
Geographically based trial courts
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24. A TYPICAL STATE COURT SYSTEM
State trial courts
Courts with general original jurisdiction over both criminal and civil matters are known as circuit courts. (Also known as superior court, district courts or courts of common pleas)
Court of Record – keeps an exact account of what goes on at trial. (transcript, evidence, statements, determinations of the court officials and the judgment of the court)
They review the decisions of courts of specialized jurisdiction.
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25. A TYPICAL STATE COURT SYSTEM
State courts of appeals
No more then 3 judges on panel.
Can hear oral arguments by attorneys, no new evidence.
May apply correct law, send back to lower courts for new trial.
State supreme courts
Typically you are entitled to one trial and one appeal if filed in a timely manner.
Only those with most complex legal issues are taken to supreme court.
Issue the final decision on matters of law appealed to them. If constitutional or other federal questions may appeal to US supreme court.
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26. A TYPICAL STATE COURT SYSTEM
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27. What does a typical state court system have in common with the federal court system?
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28. STATE COURTS WITH SPECIALIZED JURISDICTIONS
Associate circuit courts – also known as county courts
Deal with minor criminal cases, state traffic offenses and lawsuits with small amounts less than $25,000
Not typically court of record
Appeals can go to state trial court
City or municipal courts – administer their ordinances.
Typically divided into traffic and criminal divisions.
Can be appealed to state trial court
Ordinances are not considered criminal lawss.
Small claims courts – handle disputes in which small amounts less than $2,500.
No jury just judge
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29. STATE COURTS WITH SPECIALIZED JURISDICTIONS
Juvenile courts – 13 years old to under 18 years old.
Not held as accountable as adults
Greater emphasis on rehabilitation than punishment.
Can release to supervision of parents, placed in foster homes or detention in correctional facilities
Courtroom is closed during informal hearing
Judgments not open to the public.
If rehabilitation fails can be tried and punished as an adult.
Appeals to are directed to circuit courts
Probate court – courts that administer wills and estates
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30. Name the typical state courts that have specialized jurisdiction.
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