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August 9, 2002BUSINESS LAW (Ms. Hawkins)1 CHAPTER 3: THE COURT SYSTEM Chapter 3 presents dispute resolution and the courts, and the federal and state court.

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Presentation on theme: "August 9, 2002BUSINESS LAW (Ms. Hawkins)1 CHAPTER 3: THE COURT SYSTEM Chapter 3 presents dispute resolution and the courts, and the federal and state court."— Presentation transcript:

1 August 9, 2002BUSINESS LAW (Ms. Hawkins)1 CHAPTER 3: THE COURT SYSTEM Chapter 3 presents dispute resolution and the courts, and the federal and state court system. We will explore: The levels of courts and their powers The source of power of the federal court, its levels and jurisdictions A comparison of state and federal court systems

2 August 9, 2002BUSINESS LAW (Ms. Hawkins)2 CHAPTER 3: THE COURT SYSTEM Hot Debate (Page 48) What would likely happen to Anthony if he turned to the courts for help in ending the discrimination? Federal anti-discrimination statutes prohibit such activities. He can sue for damages and an injunction against the treatment in the future. The courts also protect against employer retaliation.

3 August 9, 2002BUSINESS LAW (Ms. Hawkins)3 CHAPTER 3: THE COURT SYSTEM Hot Debate (Page 48)… Does Anthony have a duty to anyone, legally or morally, to bring such a lawsuit? Anthony doesnt have a legal duty to sue, but he does have a moral duty to those who may be discriminated against at a later time by the same employer.

4 August 9, 2002BUSINESS LAW (Ms. Hawkins)4 CHAPTER 3: THE COURT SYSTEM Can Disputes Be Resolved Privately? Many decide too quickly to litigate (go to court). Other alternatives include: Negotiation-The parties reach settlement themselves. Mediation-The parties invite an independent third party to develop a solution acceptable to both, but which is not binding. Arbitration-The parties engage an arbitrator who holds an informal hearing, and who renders a decision binding on both parties.

5 August 9, 2002BUSINESS LAW (Ms. Hawkins)5 CHAPTER 3: THE COURT SYSTEM Whats Your Verdict? 7-Eleven sells franchises for stores bearing its name. The franchise agreement specifies that disputes between 7-Eleven and those who buy a franchise should be settled by arbitration rather than by a trial in court.

6 August 9, 2002BUSINESS LAW (Ms. Hawkins)6 CHAPTER 3: THE COURT SYSTEM Whats Your Verdict? Can 7-Eleven compel its franchisees to use arbitration instead of litigation? Yes. Is arbitration a good idea or not? Yes. Avoid court costs, delays, and difficulties of a court trial. Would you ever want to use arbitration why or why not?

7 August 9, 2002BUSINESS LAW (Ms. Hawkins)7 CHAPTER 3: THE COURT SYSTEM Whats Your Verdict? Doyle made an illegal U-turn. A police officer saw it and gave him a citation (an order to appear in court). Doyle claimed that the sign forbidding a U-turn at the intersection was obstructed by a tree branch. The officer replied, Sorry, sir. Tell it to the judge in court.

8 August 9, 2002BUSINESS LAW (Ms. Hawkins)8 CHAPTER 3: THE COURT SYSTEM Whats Your Verdict? Why is a court necessary in this case? Its necessary to tell whether Doyle is telling the truth, and whether the blocked sign would be a valid defense. Courts follow impartial and thorough procedures to make decisions.

9 August 9, 2002BUSINESS LAW (Ms. Hawkins)9 CHAPTER 3: THE COURT SYSTEM CourtA Definition A court is a governmental forum that administers justice under the law. Courts decide civil disputes and criminal cases. Do you feel that U.S. courts always administer justice?

10 August 9, 2002BUSINESS LAW (Ms. Hawkins)10 CHAPTER 3: THE COURT SYSTEM What Are the Two Levels of Courts? The two levels of courts are trial courts and appellate courts.

11 August 9, 2002BUSINESS LAW (Ms. Hawkins)11 CHAPTER 3: THE COURT SYSTEM What Are the Two Levels of Courts? Trial Courts A trial court is the first court to hear a dispute. It has original jurisdiction: clerkssheriffs marshalsbailiffsjury members clerkssheriffs marshalsbailiffsjury members Players: judge, lawyers, clerks, sheriffs, marshals, bailiffs, jury membersclerkssheriffs marshalsbailiffsjury members

12 August 9, 2002BUSINESS LAW (Ms. Hawkins)12 CHAPTER 3: THE COURT SYSTEM What Are the Two Levels of Courts? Trial Courts Clerks They enter cases on the court calendar, keep records of proceedings, and sometimes compute court costs.

13 August 9, 2002BUSINESS LAW (Ms. Hawkins)13 CHAPTER 3: THE COURT SYSTEM What Are the Two Levels of Courts? Trial Courts Sheriffs Sheriffs are usually elected officials. They are the principal law-enforcement officer in a county. Duties include delivering and carrying out orders of county courts and transporting prisoners; serving writs, processes, and other judicial documents.

14 August 9, 2002BUSINESS LAW (Ms. Hawkins)14 CHAPTER 3: THE COURT SYSTEM What Are the Two Levels of Courts? Trial Courts Marshals Marshals have the duties of a sheriff in the federal court system. State Marshals are charged with service of process, and Judicial Marshals perform court security and transport detainees to and from court.

15 August 9, 2002BUSINESS LAW (Ms. Hawkins)15 CHAPTER 3: THE COURT SYSTEM What Are the Two Levels of Courts? Trial Courts Bailiffs (e.g., Miss Holly on Judge Joe Brown) This person is usually a sheriff or marshal assigned to a courtroom to keep peace and assist the judge, courtroom clerks, witnesses and jury. They are court attendants whose actual duties vary according to jurisdiction and judge but often include maintaining order in the courtroom.

16 August 9, 2002BUSINESS LAW (Ms. Hawkins)16 CHAPTER 3: THE COURT SYSTEM What Are the Two Levels of Courts? Trial Courts Jury Members Juries are citizens sworn by a court to decide issues of fact in court cases.

17 August 9, 2002BUSINESS LAW (Ms. Hawkins)17 CHAPTER 3: THE COURT SYSTEM What Are the Two Levels of Courts? Trial Courts The court in which a dispute is first heard. Because of this, we say that the trial court has original jurisdiction.

18 August 9, 2002BUSINESS LAW (Ms. Hawkins)18 CHAPTER 3: THE COURT SYSTEM What Are the Two Levels of Courts? Appellate Courts An appellate court reviews decisions of lower courts when a party claims an error was made during the previous proceeding.

19 August 9, 2002BUSINESS LAW (Ms. Hawkins)19 CHAPTER 3: THE COURT SYSTEM What Are the Two Levels of Courts? Appellate Courts… Deal with errors of law vs. questions of fact Do not hear witnesses Do not accept new evidence Examine transcripts (verbatim account of trial) Read appellate briefs (written arguments on the issues of law)

20 August 9, 2002BUSINESS LAW (Ms. Hawkins)20 CHAPTER 3: THE COURT SYSTEM What Are the Two Levels of Courts? Appellate Courts They decide on the decision of the lower court: Affirmed (upheld) Reversed (overturned) Amended (changed) Remanded (sent back to the trial court for corrective action or a new trial

21 August 9, 2002BUSINESS LAW (Ms. Hawkins)21 CHAPTER 3: THE COURT SYSTEM Origins of Our Federal Court System Article III of the U.S. Constitution confers the power to judge certain criminal and civil matters on a system of federal courts.

22 August 9, 2002BUSINESS LAW (Ms. Hawkins)22 CHAPTER 3: THE COURT SYSTEM Origins of Our Federal Court System Six months after George Washingtons inauguration, Congress passed the Federal Judiciary Act which established the U.S. Supreme Court. A century later, Congress established federal district courts (U.S. Bankruptcy Courts).

23 August 9, 2002BUSINESS LAW (Ms. Hawkins)23 CHAPTER 3: THE COURT SYSTEM Origins of Our Federal Court System The US Supreme Court judges, front row: Antonio Scalia, John Stevens, Chief Justice William Rehnquist, Sandra O'Connor, Anthony Kennedy; standing: Ruth Ginsburg, David Souter, Clarence Thomas, Sonia Sotomayor and Stephen Breyer. Picture: Reuters (As of 7/2010)

24 August 9, 2002BUSINESS LAW (Ms. Hawkins)24 CHAPTER 3: THE COURT SYSTEM Jurisdiction of the Federal Courts There are 3 levels of federal courts with general jurisdiction. Courts with general jurisdiction can hear almost any kind of case. Courts with special jurisdiction hear only one specific type of case. General jurisdiction courts: (1) Federal district courts, (2) federal courts of appeals, and (3) the U.S. Supreme Court

25 August 9, 2002BUSINESS LAW (Ms. Hawkins)25 CHAPTER 3: THE COURT SYSTEM Federal District Courts Federal district courts have general jurisdiction in two instances: Federal questions or cases that arise under the Constitution, U.S. law, and U.S. treaties Lawsuits between citizens of different states (diversity of citizenshipmore than $75,000), between a U.S. citizen and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation

26 August 9, 2002BUSINESS LAW (Ms. Hawkins)26 CHAPTER 3: THE COURT SYSTEM Federal Courts of Appeals They have appellate jurisdiction over the district courts, certain specialized federal courts, and many federal administrative agencies. No appellate court, not even the U.S. Supreme court, can change the factual determinations of a jury. There are 13 federal courts of appeal. Twelve are district courts responsible for assigned geographic areas. The 13 th is dedicated to the federal circuit and handles patent cases appealed out of district court, and appeals from federal courts with special jurisdiction.

27 August 9, 2002BUSINESS LAW (Ms. Hawkins)27 CHAPTER 3: THE COURT SYSTEM Federal Court System cases involving federal law

28 August 9, 2002BUSINESS LAW (Ms. Hawkins)28 CHAPTER 3: THE COURT SYSTEM Law and the Internet (Page 56) Do you think communications (free speech) over the Internet should be protected by the First Amendment? In Reno v. ACLU (American Civil Liberties Union) The Supreme Court recently ruled that The communications Decency Act citing indecent transmission and patently offensive display abridged freedom of speech.

29 August 9, 2002BUSINESS LAW (Ms. Hawkins)29 CHAPTER 3: THE COURT SYSTEM United States Supreme Court (USSC) The USSC has both original and appellate jurisdiction. Original jurisdiction: cases affecting ambassadors, other public ministers and consuls and those in which a state shall be party.

30 August 9, 2002BUSINESS LAW (Ms. Hawkins)30 CHAPTER 3: THE COURT SYSTEM United States Supreme Court (USSC)… The USSC has both original and appellate jurisdiction. Appellate jurisdiction: cases on appeal from the U.S. Courts of Appeals or from the highest courts of the various states; this is the most important function of the USSC.

31 August 9, 2002BUSINESS LAW (Ms. Hawkins)31 CHAPTER 3: THE COURT SYSTEM United States Supreme Court (USSC)… The USSC has both original and appellate jurisdiction. Appellate jurisdiction… The USSC will issue a writ of certiorari in cases involving a constitutional (federal) issue. The writ is issued to the last court that heard the matter, and it compels the state to turn over the record of the case to the Supreme Court for review.

32 August 9, 2002BUSINESS LAW (Ms. Hawkins)32 CHAPTER 3: THE COURT SYSTEM United States Supreme Court (USSC)… The USSC has both original and appellate jurisdiction. Appellate jurisdiction… Decisions of the USSC that interpret or apply the Constitution are final, and can only be overturned by the USSC itself or by a constitutional amendment.

33 August 9, 2002BUSINESS LAW (Ms. Hawkins)33 CHAPTER 3: THE COURT SYSTEM Structure of State Court Systems The typical state legal system resembles the federal system: The state legislature makes the laws The state executive branch enforces the laws The state judicial branch is where those laws are enforced

34 August 9, 2002BUSINESS LAW (Ms. Hawkins)34 CHAPTER 3: THE COURT SYSTEM A Typical State Court System General original jurisdiction over criminal & civil matters; also called superior, district, or courts of common pleas; court of record for appeals In populous states

35 August 9, 2002BUSINESS LAW (Ms. Hawkins)35 CHAPTER 3: THE COURT SYSTEM Statute of Limitations: The Georgia criminal statute of limitations laws are much more liberal than many states. The statute of limitations does not include the period in which the accused lives out of the state of Georgia. It also does not include any period of time during which the crime or the identity of the suspect is unknown. If the accused is a government official or employee charged with theft by conversion of public property, the statute of limitations does not apply.

36 August 9, 2002BUSINESS LAW (Ms. Hawkins)36 CHAPTER 3: THE COURT SYSTEM Statute of Limitations: Misdemeanors2 years Charges of life or death sentences7 years Murder (exception)no limitation Forcible rape15 years Other felonies4 years (victim <18) 7 years (victim >18) Cases re DNA ID of suspectno limitation

37 August 9, 2002BUSINESS LAW (Ms. Hawkins)37 CHAPTER 3: THE COURT SYSTEM


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