Warm Up: Venn Diagram of Dispute Resolution A.Outcome is usually (or always) legally binding B.A third party participates to help resolve the conflict C.Least expensive D.Case is decided by the participants with help from a third party E.Case is decided by an impartial third party F.Most expensive G.Proceedings are public (in Oregon) and may involve a jury Arbitration Mediation Adjudication (court action) Directions: 1.Draw a blank Venn diagram 2.Label each circle (put labels OUTSIDE the circle) 3.Partner with a new person to answer the questions

Settling Disputes: From Talking to Litigating

AGENDA February 27, 2013 Today’s topics  Legal Methods for Resolving Disputes  Organization of the Legal System  Jury Selection Administrative  Unit 1 Test: Wednesday, March 6 Homework  None

Learning Goals Unit 1 Guide Understand legal methods for resolving disputes Explain and evaluate legal methods for resolving disputes, including mediation, arbitration, and court action Understand the organization of the legal system Compare and contrast the roles of federal and state court systems Compare and contrast the functions and purposes of trial courts and appeals courts Describe and critique the role of juries in the U.S. legal system

Chapter 5: Overview Trial Courts  Listen to testimony from witnesses, consider evidence, and decide the facts in a dispute  Defendants in both criminal and civil cases are guaranteed the right to a jury Appeals Courts  No witnesses or juries in appeals courts  Usually issues a written opinion Precedent

Chapter 5: Overview Federal & State Court Systems  State courts can handle cases that deal with state and federal law  Federal courts only hear cases involving federal law or certain cases that involve parties from different states Tribal Courts  Native Americans have certain powers over their reservations: regulate family relationships, tribal membership, and law & order on the reservation.

Chapter 5: Overview The U.S. Supreme Court  Establishes the most important legal precedents  All courts in the U.S. must follow U.S. Supreme Court decisions International Courts  International Court of Justice established by the U.N.  The International Criminal Court tries individuals for war crimes and other international crimes

What is “a jury of your peers” in Oregon?

A Jury of Your Peers The U.S. Constitution says: "The trial of all crimes... shall be by jury" (Article III, Section 2) "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury" (Amendment V) "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed" (Amendment VI) "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved" (Amendment VII)

A Jury of Your Peers The Oregon Constitution says: “In all criminal prosecutions, the accused shall have the right to public trial by an impartial jury…” (Article I, Section 11) “…no fact tried by a jury shall be otherwise re- examined in any court of this state, unless the court can affirmatively say there is no evidence to support the verdict.” (Article VII, Section 3)

How are jurors selected in Oregon? Where does the list of potential jurors come from?  Does the answer to this question limit the possible jurors to certain types of people? How long will jurors be asked to serve?  Does this make jury duty a hardship for some? What will happen if a person does not appear when summoned?  Does this penalty encourage people to serve?

How are jurors selected in Oregon? What are some reasons a person may be excused from jury duty? Who is exempt from jury duty?  How does this limit the potential juror pool, and do you find these limits acceptable? What are the rules for employers, and how much are jurors paid for jury duty?  Think about how this affects the ease or difficulty for some people to perform jury duty. What else?—age restrictions, how often people are called for jury duty, and anything else you found?...  How do these affect the juror pool?

Quick Write: How are jurors selected in Oregon? Do you think Oregon juries are representative of our population? Do you think juries in Oregon are “juries of your peers”? Why or why not?

Homework Before you leave  Pick up your belongings and any trash  Straighten tables and chairs Homework  None