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Law for Business and Personal Use © Thomson South-Western CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State.

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Presentation on theme: "Law for Business and Personal Use © Thomson South-Western CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State."— Presentation transcript:

1 Law for Business and Personal Use © Thomson South-Western CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems

2 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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

3 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 3 FOCUS What two types of courts are used in our legal system to settle disputes? Trial and appellate

4 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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

5 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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.

6 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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

7 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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

8 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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)

9 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 9 What are the two levels of courts, and what is the function of each?

10 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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

11 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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.

12 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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

13 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 13 What is the source of power of the federal courts?

14 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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

15 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 15 FEDERAL COURT SYSTEM

16 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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

17 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 17 FEDERAL COURT SYSTEM

18 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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.

19 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 19 FEDERAL COURT SYSTEM

20 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 20 Name the three levels of federal courts and describe the jurisdiction of each.

21 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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

22 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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

23 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 23 A TYPICAL STATE COURT SYSTEM Geographically based trial courts 3 tier system like the federal system

24 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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.

25 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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.

26 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 26 A TYPICAL STATE COURT SYSTEM

27 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 27 What does a typical state court system have in common with the federal court system?

28 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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 Can be appealed to state trial court

29 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 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

30 Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 30 Name the typical state courts that have specialized jurisdiction.


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