Business Law – Mr. Lamberti Chapter Three Business Law – Mr. Lamberti

Forms of Dispute Resolution Section One

How can disputes be resolved without going to court? Litigate - allowing a court to resolve their disputes Mediator - one who tries to develop a solution acceptable to both sides of the dispute Arbitrator - one who holds an informal hearing to determine what happened When one person injures another or fails to keep a binding agreement, often the best solution is for the parties to negotiate a settlement themselves Mediator is only advisory Arbitrator legally binds settlements

How do courts settle disputes? Court - a governmental forum that administers justice under the law Courts follow impartial procedures to make decisions Accused party is allowed equal opportunity to argue their side of the case Separated into two types of courts: Trial Courts- the court in which a dispute is first heard Appellate Courts- reviews decisions of lower courts when there is a claim against its decision

Trial Courts Verdict- decision Original Jurisdiction- having the power to make initial decisions of fact and law Determines the facts of a case Consists of a judge, lawyers, clerks, sheriffs/marshals, bailiffs and jury members Supreme court rarely has Original Jurisdiction…WHY???

Appellate Courts Transcript- a record of what went on at trial Appellate Briefs- written arguments on the issues of law, submitted by the opposing attorneys Appellate jurisdiction is concerned solely with errors of law Something new was found – law, evidence, witness Oppose the ruling (Companies do this all the time…they usually have money to drag out a case or to settle it, it is the plantiff that usually does not have the money and resources to have a case go on for years) Affirm, Reversed, Amended, Remanded - Combo

The Federal Court System Section two

Federal District Courts Hears general jurisdiction (any type of case) These courts have original jurisdiction over: Cases that arise under the Constitution Lawsuits between citizens of different states or nations Diversity of Citizenship – Dispute must be over $75,000 Government may seize property and you would file suit over the value Civil Rights issues Human Rights issues

Federal Court of Appeals Have appellate jurisdiction over the district courts, specialized federal courts, and administrative agencies Review trial transcripts, appellate briefs, and oral arguments of attorneys

U. S. Supreme Court Writ of Certiorari- compels a lower court to turn over the record of the case to the Supreme Court Has original and appellate jurisdiction If the USSC believes a case contains a constitutional issue, they will issue a writ of certiorari to the last court that heard the case Roe v. Wade Brown v. Board of Education

Let’s MAP it Out!!! Orginally, there were 7 total. Today we have 9 USSC Justices that mainly deal with appeals.

State Court Systems Section three

State Trial Courts Court of Record- keeps an exact account of what is going on at trial Have general jurisdiction over both criminal and civil matters Also known as circuit courts or district courts Any appeal filed depends on court of record

State Court of Appeals Consists of no more than three judges No new evidence is introduced at this level May either send case back down for a new trial, reach a new result using the correct law, or reach an upheld case

State Supreme Courts Only cases that involve the most vital and complex legal issues are taken to the state supreme court Panel of three or more judges Issues final decision Has original jurisdiction over most state impeachment cases

Associate Circuit Courts County Courts- courts below the main courts of general original jurisdiction Hear minor criminal cases, state traffic offenses, and lawsuits with small amounts (Usually no more than $25,000)

City or Municipal Courts Municipal Courts- courts that administer city ordinances Divided into traffic and criminal divisions Less serious violations that occur within city limits Can be appealed to state trial court if necessary

Small Claims Court Handle disputes in small amounts ($2,500 or less) Attorneys are not required Can be appealed to a state trial court

Juvenile Courts Involve younger members of society 13-18 years of age Juvenile is entitled to his or her full constitutional rights If guilty, the result is generally rehabilitation, not punishment Young offender can be tried as an adult if rehabilitation fails or is impossible (ex. murder) Age to be tried as an adult in Michigan is 14 years of age Remember - $8,000 per student & $35,000 per inmate

Probate Courts Also called surrogate courts Deals with the validity of a will and property of an individual after their death