Presentation is loading. Please wait.

Presentation is loading. Please wait.

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

Similar presentations


Presentation on theme: "Law For Business And Personal Use Chapter 4 - The Court System."— Presentation transcript:

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 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


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

Similar presentations


Ads by Google