1. Chapter 2 Business Law Mr. Sherpinsky
Get Your Books!
A Dual Court System
Chapter 2 Business Law Mr. Sherpinsky

2. The Opening Scene, pg. 27 Parts: Jamila Daniel Peggy Trai
Mrs. Martinez

3. Justice Journal What is a court case you have seen on T.V. lately?
What kind of a court was the case tried in?

4. A Dual Court System U.S. System of Justice has two major parts
Federal System
State Court System

5. Federal Courts
Hear cases involving or have jurisdiction over “responsible for”:
Federal matters (Example 1, pg. 28)
Citizenship matters
United States Supreme Court
13 United States Courts of Appeals
(12 Circuit Courts)
(1 Court of Appeals for the Federal Court)
US District Courts
Many Federal Agencies
Court of Appeals for Federal Circuit
Specialize Federal Courts

6. State Court System United States Supreme Court State Supreme Court
Appellate Courts
General Trial Courts
Commonwealth & Superior Courts
Lower Trial Courts
Court of Common Pleas
District Justice Court

7. Basic Court Terms: Jurisdiction
Jurisdiction: is the power and authority given to a court to hear a case and to make a judgment
Diversity of Citizenship: cases which involve citizens of different states and in which the amount of money in dispute exceeds $75,000
Admiralty cases, or those pertaining to the sea
Patent and copyright cases
Bankruptcy cases

8. Basic Court Terms: Jurisdiction
Original Jurisdiction: Meaning they try a case the first time it is heard
Appellate Jurisdiction: Any party to the federal or state courts may appeal to the Appellate Court in the circuit or state where the case was tried

9. Basic Court Terms: Jurisdiction
General Jurisdiction: meaning they handle criminal and civil cases. (In Bucks County commonly known as the Court of Common Pleas)
Limited Jurisdiction: meaning they handle minor matters (Misdemeanors and civil actions)

10. Federal Courts
Hear cases involving or have jurisdiction over “responsible for”:
Federal matters (Example 1, pg. 28)
Citizenship matters
United States Supreme Court
13 United States Courts of Appeals
(12 Circuit Courts)
(1 Court of Appeals for the Federal Court)
US District Courts
Many Federal Agencies
Court of Appeals for Federal Circuit
Specialize Federal Courts

11. U.S. District Courts U.S. District Courts
Have original jurisdiction over most federal cases
Most federal cases begin in one of the U.S. district courts

12. U.S. District Courts Have ORIGINAL Jurisdiction:
Cases that arise for first time under
The Constitution
U.S. law
U.S. treaties
Lawsuits between citizens of different states, U.S. citizens and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation.

13. U.S. District Courts Jurisdiction over: Issues between states
Issues between parties who reside in different states and the remedy is over $75,000
Issues of national attention
Issues where the United States is a party

14. U.S. District Courts Also have GENERAL Jurisdiction
Lowest Level of federal court system. Most federal cases start in U.S. District Courts.
Power to determine the facts and to make initial determinations.
Both civil and criminal cases

15. Courts of Appeals Courts of Appeals
Also known as appellate courts or intermediate courts
Intermediate Courts
means a court between lower courts and the highest court

16. Court of Appeals or Appellate Courts
Hear appeals and review cases from lower courts
Have appellate jurisdiction over district courts, certain specialized federal courts, and many federal administrative agencies
Appeals from a lower court, like state court
Appeals from administrative courts
Appeals from specialized courts, like patent court
Only questions of law can be raised on appeal, not questions of fact or call witnesses
Review transcripts, appellate briefs, and oral arguments from attorneys

17. Appellate Courts
Review decisions of lower courts when party claims error during proceedings
Usually a panel of three (3) judges
Only questions of law can be raised on appeal, not questions of fact or call witnesses
Review transcripts, appellate briefs, and oral arguments from attorneys

18. Special U.S. Courts Special Courts Designed by Congress
Has jurisdiction over certain kinds of cases:
Suits brought by citizens against the federal government
Disagreements over taxes on imported goods
Disputes between taxpayers and the Internal Revenue Service (IRS)

19. Special U.S. Courts Special Courts Designed by Congress
Have Jurisdiction over:
Suits brought by citizens against the federal government
Disagreements over taxes on imported goods
Disputes between taxpayers and the IRS
Examples:
US Claims Court (Against government)
US Court of International Trade (Tariffs and import taxes)
US Tax Court (Tax laws)
Territorial Courts (All US Territories)
Court of Military Appeals (Court martials)

20. U.S. Supreme Court

21. U.S. Supreme Court Highest Court in the Land
Has both original and appellate jurisdiction
Original: cases over ambassadors, public ministers, and consuls or those in which the state is a party
Appeal: All cases on appeal from US Courts or State Supreme Courts

22. U.S. Supreme Court
Supreme Court Justices decide which cases they will hear from the U.S. Courts of Appeals or the State Supreme Courts (By vote of at least 4 Justices)
The Supreme Court consists of the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress.
The number of Associate Justices is currently fixed at eight
Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate.
Terms last for a lifetime
Working term begins on the first Monday in October

23. Why People Care?

24. Web Quest Research the US Supreme Court
Answer the following questions for each Judge:
Name all Justices
The colleges/universities they graduated from
Birth Date/Family Profiles
Who appointed them and when
Identify them as either being conservative or liberal
Name at least 2 major cases they have quoted

25. State Court System United States Supreme Court State Supreme Court
Appellate Courts
General Trial Courts
Commonwealth & Superior Courts
Lower Trial Courts
Court of Common Pleas
District Justice Court

26. State Court System
The three primary courts in the state court system are:
Superior Court,
Intermediate Court Of Appeals and
State Supreme Court.

27. State Court Systems Municipal Courts Limited jurisdiction
Means handle minor matters such as misdemeanors and small amount of money (Less than $2500)
Also known as Justice of the Peace or Magistrate’s courts
Commonly cases are called summary offenses
All misdemeanor and felony violations are more commonly called court cases. 

28. State Court Systems County Trial Courts
General, original and appellate jurisdiction: Hears all Criminal and civil matters
Known as “Court of Common Pleas” and “court of record”
Hears a wide variety of cases, including criminal prosecutions, juvenile delinquency proceedings, lawsuits involving money or property, divorce, custody disputes, child support issues, adoptions, estates and much more.
The Common Pleas Court is also the court in which many appeals, such as driver’s license suspensions, zoning matters, traffic tickets and numerous others are resolved. 

29. State Court Systems State Trial Courts State Court of Appeals
General and Original jurisdiction: Criminal and civil matters
Known as circuit courts or superior courts “Court of record”- keeps an exact account of what goes on at trial
Types of Records: transcripts of what was said, evidence submitted, statements, determinations of court officials, and judgment of the court
State Court of Appeals
Panel of judges evaluates the record, briefs, and oral arguments.

30. Pennsylvania State Supreme Court
Highest court in the state
Chooses the cases it hears
By vote of at least four (4) of the Seven (7) Judges
Pre-dates the US Supreme Court by 67 years

31. Special Courts Specialized Cases: Probate Courts
Hear cases involving the property of deceased persons
Even when no will exists!
Adoptions

32. Special Courts Specialized Cases: Domestic Relations Court
Divorce, annulment, distribution of property, alimony and child support

33. Special Courts Juvenile Courts
A delinquent child is a minor who has committed an adult crime.

34. Special Courts Juvenile Courts
An unruly child is generally a minor who has done something inappropriate that is not considered an adult crime.

35. Special Courts Juvenile Courts
A neglected or abused child is one who is homeless, destitute, or without adequate parental care.
He or she may become a ward of the state.
Many states have imposed stricter standards for the treatment of youth offenders
Especially when drugs or violence is involved

36. What do you think…
In which court will these case most likely be tried?
Bankruptcy
Dispute between U.S. taxpayer and the IRS
Violation of curfew by a teen

37. Check Yourself 1. What does jurisdiction mean?
2. Which vocabulary word for section 1 would fit this scenario?
If a 13-year-old-girl were found living in an abandoned mobile home, how might she be distinguished in a juvenile court?

38. Class Work Vocabulary, Chapter 2, Section 1 Supplemental Worksheet
Enrichment Worksheet

39. Justice Journal
Have any of your parents or anyone that you know ever been called to serve as a juror?
What type of case was heard and what was the verdict in the case?

40. Think about it…
Have you or your family ever had a disagreement with someone?
How did you or your family handle it?
Did you seek the help of a 3rd party?
What was the final course of action?

41. Civil Trial Procedures vs. Criminal Trial Procedures

42. Civil Trial Procedures
Civil and Criminal Trials begin differently
Criminal Cases: Government brings case for offenses against the public at large
Civil Cases: Individuals who believe they have been injured initiate challenges
Injured party begins a suit by filing a complaint with court
Lawsuits can be expensive so alternatives have been developed

43. Alternative Dispute Resolution (ADR)
ADR (alternative Dispute Resolution
Defined: Process that occurs when parties try to resolve disagreements outside of the usual adversarial system
Quick and Inexpensive
Classified in 2 ways
Reactive method: used after a dispute has arisen
Proactive method: used before a dispute arises
See Figure 2.2, page 35

44. ADR (Alternative Dispute)
Reactive Methods
Mediation: when parties to a dispute invite a 3rd party into the process to help find a solution
Arbitration: when parties actually transfer the power to settle their dispute to a 3rd party
Binding and Non-binding
Summary Jury Trial: short trial that runs less than a day before a real jury which puts forth verdict
Private Jury Trial: Parties can hold the trial at a time and place of their own choosing

45. ADR (Alternative Dispute)
Proactive Methods
Partnering: Involves a process by which the parties to a long and involved contract agree to meet to become familiar
Settlement Week: Court’s clear docket of other cases to hear settlement offers
Negotiated Rule-making: Parties affected by new rules work together to develop new rules
Science Court: a forum for disputes about science or technology controversies
Genetic engineering, nuclear energy research, and so on

46. Methods for Solving Disputes
Three (3) major ways to resolve disputes:
1. Negotiation
2. Arbitration
3. Mediation

47. Methods for Solving Disputes
Negotiation
Process in which people involved in a dispute discuss their problem and try to reach a solution acceptable to all
Skills necessary are handling conflict responsibly way and can be used in everyday life
Informal, which makes it ideal for many types of disputes

48. Methods for Solving Disputes
Negotiation
Often people hire attorneys to represent them
Requires formal approval of any deal
Attorneys file a court case and still try to resolve the issues through negotiation
Settlement: formal acceptance of a deal satisfying both parties
Saves time and money

49. Methods for Solving Disputes
Negotiation
3 Phases in Negotiating
Preparation
Sincere interest in settling
Identify all the real issues
Separate demands from interests
Examine the issue from the other party’s point of view
Negotiating
Post-negotiating

50. Methods for Solving Disputes
Negotiation
3 Phases in Negotiating
Negotiating
Focus on the real issues
Gauge intensity
Listen carefully
Ask question for clarity
Design alternatives
Post-negotiating

51. Methods for Solving Disputes
Negotiation
3 Phases in Negotiating
Post-negotiating
Make final decisions
Build agreement
Keep options available

52. Methods for Solving Disputes
Arbitration
Both parties to a dispute agree to have one or more person hear the dispute and make a decision for them
Arbitrator is acting like a judge
Less formal than a trial
Arbitrator has the power to make decision
Binding or Non-Binding

53. Methods for Solving Disputes
Mediation
When a third person helps the disputing parties talk about problems and issues
Cannot impose a decision on the parties
Goal is a reasonable agreement
Often, mediator acts as a neutral third party
Voluntary
Air feelings and avoid blame, preserves the future relationship

54. Web Quest Research the Bucks County Court System
Using the handout, answer the questions using your research skills, the Internet, and existing knowledge.
Bonus Question: What is/was the budget for the court system?

55. Challenge: Problems at the Mall
Preparation for Mediation
Using the handout and working with a partner create answers for the challenge questions

56. Law in Action: Problem at the Mall
What are your concerns?
How could you state the issue in a dispute?
What is your starting position?(Demand)
Underlying issues?
What is the best overcome possible?
From your prospective and theirs
What will be their starting position?
Identify two (2) workable solutions?

57. Civil Trial Procedures vs. Criminal Trial Procedures

58. Civil Trial Procedures
Civil and Criminal Trials begin differently
Criminal Cases: Government brings case for offenses against the public at large
Civil Cases: Individuals who believe they have been injured initiate challenges
Injured party begins a suit by filing a complaint with court
Lawsuits can be expensive so alternatives have been developed

59. Civil Trial Procedures
Begins with the injured filing a complaint
Starting a civil case can be expensive so many look for other ways to handle disputes

60. Civil Trial Procedures
Plaintiff
Persons whom start the court process
Files 1st
Defendant
Person being sued
Action being taken against

61. Steps in a Civil Trial 1. Pleadings
Complaint (Plaintiff’s claims or allegations)
Answer (Defendant’s responses to claims)
2. Discovery (gathering evidence… pre-trial hearing)
Depositions
Interrogatories
Request for documents
Physical and mental exams
Requests for admission
Sometimes the case can settle during these 2 phases, if not…

62. Steps in a Civil Trial (continued)
Listed for Trial
A pretrial hearing is held to simplify issues and discuss matters that might help dispose or get rid of the case.
If the case is not thrown out…it gets listed for a jury trial.

63. Steps in a Jury Trial voir dire 1. Selecting the Jury –
2. Opening Statements – Plaintiff’s attorney goes first
3. Introduction of Evidence
4. Closing Arguments – Plaintiff’s attorney goes first
5. Jury Instructions
6. Verdict and Judgment

64. Verdict and Judgment
If the defendant is found guilty, the plaintiff is entitled to a remedy.
Payment
Specific Performance
Injunction
The court makes sure the execution of judgment is carried out.

65. Gideon: Case Study
Arrested? Need a Lawyer? Why should the government be responsible to provide an attorney?

66. Gideon: Case Study What precedent was set by Supreme Court?
Any indigent (someone who can’t afford an attorney) defendant must be provided with representation (limited ruling…not clear??)
Who had to follow the precedent? What if the case was decided by judge in state appeals court?
Everyone, in US.
If it was at the State Appeals Court: Only state lower courts, unless their constitution says all courts in state.
Does Gideon apply to other cases?
Not answered at time, but in 1972, Supreme Court ruled that any case that could lead to jail time the defendant should have representation.
Doesn’t apply to “no” jail terms crimes or civil cases
Miranda v. Arizona (right to counsel/avoid self-incrimination)

67. Work Packet: Completion
Please complete the Chapter 2 Work Packet
Due at end of class Friday(after exam)
Exam will be end of next week!
Review will be on Wednesday!

68. Criminal Trial Procedure
Arrest
Criminal cases often start with an arrest
Occurs when a person is deprived of his or her freedom
Officers may arrest a person at any time with a warrant
Officers may arrest a person without a warrant if he or she believes the person has committed or is committing a felony or misdemeanor

69. Criminal Trial Procedure
1. Arrest
Rights of the Defendant
Miranda warnings
A telephone call
Bail – sometimes
Remain silent
Attorney – court appointed if can not afford
Fair trial
Presumed innocent until proven guilty

70. Criminal Trial Procedure (continued)
2. Search and Seizure
Search warrant needed under normal circumstances and may be limited to only the area mentioned in the warrant
( Example 3, page 44)
*Not needed if person is arrested*
**School officials may search students without a warrant as long as they have reasonable ground to believe they will find something.**

71. Criminal Trial Procedure (continued)
3. Charges
A. Felonies
Crime punishable by confinement for more than a year in a state prison or by a fine of more than $ 1,000 or both – or even death
Murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury are examples of felonies
B. Misdemeanor
Less serious crimes that are punishable by confinement in a county or city jail for less than one year, by fine, or both.
Disorderly conduct, speeding, littering, and parking violations

72. Criminal Trial Procedure (continued)
4. Arraignment
Indictment – written accusation charging the individual
Arraignment – read the indictment or information and then asked to plead
Guilty or Not Guilty
Guilty – sentenced – fine, imprisonment, death
Not Guilty- goes to trial

73. Criminal Trial Procedure (continued)
5. The Trial
Jury Trials
Selection of jurors
Opening Statements
Introduction of evidence
Closing Arguments
Judge’s Instructions to Jury
Judge Trial

74. Criminal Trial Procedure (continued)
6. Sentencing
Criminal Cases: Must be unanimous
Guilty beyond a reasonable doubt
Judge imposes ruling
Fines – Payment of money
Imprisonment – term of incarceration
Death penalty
Not Guilty
Free to go!

75. Juvenile Cases Juvenile Court Dispositional Hearing (1st Step)
Dismissed or Adjudicatory Hearing
Home on probation
Agency or foster home
Training or reform school
Pay with money, work or both
The juvenile court system is designed so that each case and special circumstances are considered individually.

76. Juvenile Cases Disposition of Juvenile Cases
The judge usually holds a detention hearing to learn whether there are good reasons to keep the accused in custody.
An investigation is begun into the minor’s background and home life.

77. Juvenile Cases Disposition of Juvenile Cases
Delinquent child- is a minor under a certain age (16-18) who has committed an adult crime.
Unruly child- a minor who has done something inappropriate that is not considered an adult crime. (Violating curfew, skipping school, or using tobacco)
Neglected/abused child- one who is homeless, destitute or without adequate parental care. (Ward of the state)

78. Discussion Starter
Joseph, age 16, robbed a local grocery store, stealing several cartons of cigarettes. Would he be considered a delinquent child to the courts?
Why or why not?

79. Judge for Yourself
Do you agree that people under 18 should be tried as an adult if they commit certain crimes?

80. Partner Activities Grasping the Issues Working with a partner:
Choose four of the five short cases from page 52 and write a short paragraph response
Prepare your defense for the “Privacy and Drug Testing” Debate
Five Teams
Pro
Against

81. Class Work Workbook Review for Exam in next class Exam (Thursday)
Due: (Thursday also)
Vocabulary
Packet