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Law For Business And Personal Use Chapter 4 - The Court System.

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1 Law For Business And Personal Use Chapter 4 - The Court System

2 2 Resolving Disputes Privately Many people litigate too quickly – Litigate: to take a dispute to court – Litigation Incurs costs, delays and difficulties Alternatives to litigation between parties – Negotiation – Mediation Use mediator: independent third party who tries to develop solution acceptable to both sides of dispute; non-binding – Arbitration Use arbitrator: independent third party who makes binding decision in dispute

3 The Court System3 Different Levels Of Courts Court – Governmental forum that administers justice under law – Decide civil and criminal cases Trial court Appellate court

4 The Court System4 Trial Court Court of original jurisdiction – Power to hear case in full for first time Judge, lawyers, juries and clerks are officers of court Officers of the courts carry out judgments – In state court systems: sheriffs – In federal court systems: marshals Hears witnesses testify Considers presentation of other information Ends in decision on case

5 The Court System5 Appellate Court Reviews decisions of lower courts – Transcripts: verbatim records of what went on at previous trial Concerned with errors of law not questions of fact – Appellate briefs: written arguments of issues of law Does not hear witnesses or accept new evidence Determines if lower court decision should be – Affirmed – Reversed – Amended – Remanded

6 The Court System6 Origins Of Federal Court System Congress has power to establish federal courts Article III, Section 1, of U.S. Constitution gives Congress authority Two types of jurisdiction – General: hears any kind of case – Special : hears only one specific type of case

7 The Court System7 Jurisdiction Of Federal Courts General jurisdiction – Federal district courts – Federal Court of Appeals – U.S. Supreme Court

8 The Court System8 Federal District Courts Lowest level of federal court Has general jurisdiction over – Federal questions – Cases that arise under Constitution U.S. law U.S. treaties Lawsuits with diversity of citizenship over $75,000 in dispute

9 The Court System9 Federal Courts Of Appeals Appellate jurisdiction over – District courts – Specialized federal courts – Federal administrative agencies 13 Federal Courts of Appeal

10 The Court System10 U.S. Supreme Court Writ of certiorari – Order from Supreme Court to turn over record of case Supreme Court is reviewing Original jurisdiction over cases – Affecting ambassadors, consuls, etc. – Involving states Appellate jurisdiction over cases – On appeal from U.S. Courts of Appeals – Highest courts of states if federal law involved

11 The Court System11 Structure of State Court System Supreme court Appeals court Trial courts – Court of record: keeps exact account of what happens in trial Specialized courts

12 The Court System12 Specialized Limited Jurisdiction Courts Juvenile courts – Individuals 13-18 years old Municipal courts – Administer city’s ordinances Small claims court – Under $2,500 Probate: wills and estates Associate circuit courts – Minor criminal cases and smaller lawsuits

13 The Court System13 Juvenile Procedure Court of Special Jurisdiction – Minors under 17 in Illinois – Developed to look after minor’s interest – Purpose to rehabilitate not punish – Not confined with adults-Detention Facility

14 The Court System14 Juvenile Court Special Language – No “Trial” instead “Hearing” – Not “Arrested” instead “Detained” – Not a “Criminal” instead “Juvenile Delinquent” Juveniles can be tried as adults if: – Serious crimes – Mature enough to know it was wrong and understand the consequences

15 The Court System15 Juvenile Proceeding Not open to the public Office of Judge Parents and Witnesses Only

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