Presentation on theme: "Chapter 3 Court Systems Law in Society Ms. Baumgartner."— Presentation transcript:
1 Chapter 3 Court SystemsLaw in SocietyMs. Baumgartner
2 3-1 Forms of Dispute Resolution how disputes can be settled without going to courtdifferent levels of courts and describe their powers
3 HOT DEBATERead storyWhat other courses of action (besides court) might he be able to use?
4 FORMS OF DISPUTE RESOLUTION How can disputes be resolved without going to court?Many people decide too quickly to litigateSometimes, it is better for both parties to negotiate a settlement themselvesTogether they reach solution face-to-face
5 Dispute ResolutionAs an alternative to face-to-face, parties invite an independent 3rd party to act as a mediator (not legally binding)Or hire an arbitrator to determine what happened (decision is legally binding)
6 If those 3 methods don’t work out for you, you will take the dispute to court Courts decide disputes between private individuals and try criminal casesA court may award damages or order other appropriate relief in resolving private disputesIn criminal cases, punishment (imprisonment and/or worse) may be ordered by the court
7 Dispute ResolutionTwo levels of courts are involved in deciding a dispute:Trial courtsMust reach a verdictTrial courts have original jurisdiction over casesAppellate courtsExamine the transcriptThey also read appellate briefs
8 Role-play courtroom positions/duties What 2 types of courts are used in our legal system to settle disputes?3-1 Assessment #1-12(With Teacher)Role-play courtroom positions/duties
9 3-2 The Federal Court System Identify the source of power of the federal courtsName the major federal courts and describe their jurisdiction and powers
10 JURISDICTION OF FEDERAL COURTS There are 3 levels of federal courts with general jurisdiction (VS specialized jurisdiction)Federal district courtsFederal court of appealsU.S. Supreme CourtCan issue a writ of certiorari
11 3-2 Assessment # 1-7Create diagram of Federal Court System (3 levels and how they’re connected)
12 3-3 State Court SystemsCompare the structure of a typical state and federal court systemExplain the jurisdictions of the specialized courts
13 What’s Your Verdict?Sheila had a beautiful apartment with a view of the lake. After she had lived there several years, her landlord gave her and the other tenants of the apartment building 30 days to vacate. Sheila sued to prevent the mass evictions. After losing the state trial, she wanted to take the issue to the U.S. Supreme Court.Can she do this?
14 A Typical State Court System A typical state legal system resembles the federal systemState legislature MAKES laws, state executive branch ENFORCES laws, state judicial branch holds courts (3 tiers)State trial courts (circuit courts) *State court of appeals *State Supreme Court (controls **)
15 State Trial CourtsCourts with jurisdiction over criminal and civil cases (also known as circuit courts, district courts or courts of common pleas)A court of record keeps an exact account of what goes on at a trialAccuracy is VITALThings included: transcript, evidence, statements, verdicts/judgements
16 State Court of AppealsAn appeal from a court of record is reviewed by a panel of judgesPanel consists of no more than 3 judgesState appellate panel evaluates the case record and listen to argumentsNo new evidence can be introducedJudges make sure that judges at lower level used correct law to resolve caseIf not, they apply correct law
17 State Supreme Courts Cases that involve the most complete legal issues Justice is the person who sits on casesPanel of three or more justices review cases on appealState supreme courts issue final decisionIf constitutional/federal question of law, further appeal goes to U.S. Supreme CtState supreme court has original jurisdicion over impeachment cases
18 State Courts w/ Specialized Jurisdictions Below the trial courts (circuit courts in most states) are courts with specialized jurisdiction (powers):Associate circuit (county courts) – hear minor criminal cases, traffic offenses, lawsuits under $25,000Municipal courts – administer ordinancesSmall claims – handle disputes in small amounts, less than $2,500 (attorneys not required)Juvenile – years of age (in most states), focuses on rehabilitation instead of punishmentProbate courts - courts that administer wills and estates according to the deceased's wishes
19 Juvenile Courts cont.Society typically believes that juveniles should not be held as responsible as adults for their criminal actsReleased into parental custody, foster home placement, detention in correctional facilitiesJuvenile records are sealed to the public and courtroom is closed during the informal hearingAge tried as an adult in AL = ???
20 Let’s check out this article…what do you think? Read: QUESTION OF ETHICS (p57)Complete 3-3 Assessment 1-6Complete Chapter 3 Assessment1-11,19,21,23,24