CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution 11/18/2018 CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems

3-1 Forms of Dispute Resolution GOALS Explain how disputes can be settled without going to court Name the different levels of courts and describe their powers Chapter 3

FOCUS Trial and appellate What two types of courts are used in our legal system to settle disputes? Trial and appellate Chapter 3

DISPUTE RESOLUTION How can disputes be resolved without going to court? Often best for both parties in a dispute to settle between themselves. Costs less and if you settle yourself you might be able to get to a win-win solution. Can use a mediator – independent third party to help develop a solution acceptable to both sides. Mediator solutions are not legally binding May hire an arbitrator – holds informal hearing to determine what happened. Arbitrator decision is legally binding to both parties Their decisions can be enforced by court order It can be in a contract that you need to settle disputes by arbitration Chapter 3

DISPUTE RESOLUTION How do courts settle disputes? Court – a governmental forum that administers justice under the law Decides disputes between private individuals and in criminal cases May award damages or order other appropriate relief and impose punishment (fines/imprisonment) in criminal cases. Courts are to be impartial and make decisions using thorough procedures. Chapter 3

DISPUTE RESOLUTION Trial courts – court where dispute is first heard Hears witnesses testify Reviews evidence Applies what it selects as appropriate law to reach the verdict (decision) Has Original jurisdiction – original power to decide the case. Members of trial court Judge Lawyers (officers of the court) Clerks – keeps records of proceedings and computes court costs Sheriffs serve as bailiffs who summon witnesses and keep order in the court and take steps to carry out judgments in the state court system. (Marshals in federal court) Juries sworn by court to decide issues of facts Chapter 3

DISPUTE RESOLUTION Appellate courts – reviews decisions of lower courts when a party claims an error was made during the lower court’s proceedings. They determine only with errors in law They examine the transcript (verbatim record of the trial) They read appellate briefs (written arguments on the issues of law submitted by the opposing attorneys) They often listen to attorneys’ oral arguments Judges can question the attorneys Chapter 3

DISPUTE RESOLUTION Appellate courts can decided whether the decision of the lower court was Right (Uphold) Should be reversed (Overturned) Changed Sent back to the trial court for corrective action or possibly a new trial. (Remanded) Chapter 3

What are the two levels of courts, and what is the function of each? Chapter 3