Chapter 4 – The Court System This chapter presents dispute resolution & the courts, along with the state & federal court systems

Dispute Resolution and the Courts Dispute ________ or expression of opposing views. Controversial discussion or debate. Ill tempered altercation

Dispute Resolution & the Courts Discussion The injured party tries to __________ the problem calmly with the ____________. Many times a _____________________ can be reached.

Dispute Resolution & the Courts Mediator ________ ________ ______ who tries to develop a non-binding solution to both sides of a dispute. The mediators actions are advisory. Arbitrator Independent third party who develops a ______________ & ___________ resolution to a dispute

Dispute Resolution & the Courts Litigate Taking disputes to _________ Why not just go right to court? To avoid the ___, __, & ____________ of a court trial.

The Courts Court ______________ ___________ that administers justice under the law. Courts rule on ____________ cases, and ____________ disputes. Civil disputes may be resolved by __________ __________ or other relief Criminal cases may be resolved by ____________ punishments.

Different Levels of Courts Trial Courts First court to hear a dispute Original _______________ over the case Witnesses _____________ & other info is presented to prove the alleged facts Components ___________, _________, Clerks, Sheriffs, Marshals, Bailiffs & ______________

Different Levels of Courts Appellate Courts Reviews decision of __________ ___________ when a party claims an error was made during the previous proceeding Do NOT hear _________________ Generally do NOT accept new ________________ They examine the ______________, which are a verbatim record of what went on at trial They read _____________ briefs, which are written arguments on the issues of law

Court Decisions Appellate Court Decisions _____________ - Uphold the decision of the lower court _____________ - Overturn the decision of the lower court _____________ - Change the decision of the lower court _____________ - Send back to lower court for corrective action or a new trial

Jurisdiction General Jurisdiction Can hear almost _______ kind of case Special Jurisdiction Hears only a __________ type of case

Federal Court Federal District Courts __________ level of the Federal Courts Trial court of the federal system Jurisdiction over U.S. ____________, U.S. Laws and treaties U.S. ____________ and foreign nations U.S. Citizens & foreign citizens

Federal Court Federal District Courts Diversity of Citizenship cases must be valued at over $___________ in order to be heard in federal court Federal Courts of Appeals _____ federal courts of appeals

Supreme Court U.S. Supreme Court Has both ______________ and _____________ jurisdiction Appellate jurisdiction over U.S. Courts of ___________, and over the highest courts of the __________ Writ Certiorari Order that compels a _______ court to turn over the record of the case to the ______________ ____________

Small Claims Court Small Claims Courts $___________ or less Attorneys are generally _________ involved

State Court System Chapter 4-3 Business Law

Goals Compare the structure of a typical state court with the structure of the federal courts Identify typical state courts of specialized jurisdiction Discuss the jurisdiction of the various typical state courts QUESTION: What is the difference between a federal court and a state court?

State Trial Courts A/K/A Circuit courts, Superior courts, Courts of common pleas, District courts All state courts of records Keeps an exact account of what goes on at trial Why is this important? What records do you think they keep track of… ie. Transcript of what said, _____________ submitted, statements / determinations of the judge & the judgement(s) rendered

State Courts of Appeals Trial court cases appealed to this level Panel of judges that review an appeal in a court of record Panel usually consists of no more than 3 judges Panel evaluates the record of the case and then considers the attorneys’ oral and written _________________ No new __________ / No new ____________

State Supreme Court Generally, this is the highest level of courts in the state, except in NYS (Court of Appeals) _________ is the title given to the judges who sit on state supreme courts and the federal Supreme Court Only cases that involve the most complex legal issues are taken to the justice Decision is binding unless _________________ or Federal issues are involved. If so, the decision can be appealed to the USSC

State Courts with Specialized Jurisdiction Associate Circuit Courts City or Municipal Courts Small Claims Courts Juvenile Courts Probate Courts

Associate Circuit Courts Courts below a state courts general jurisdiction Also known as __________________ Hear minor criminal cases, state traffic offenses, and lawsuits in which relatively small amounts are involved (less than $______________) Not courts of record Take a burden off higher courts, appeals from their decisions can be taken to the ___________ courts for a trial on the record

City or Municipal Courts Courts that administer a city’s ______________ Usually divided into traffic and criminal divisions Less serious violations occurring within _________ limits are brought before such municipal courts for their ________ trial Result can be _________ to the circuit court level

Small Claims Courts Minor individual suits are heard Handle disputes in which small amounts, generally $_________ or less are involved Attorneys are usually not allowed Judge hears the case without a jury or formal rules of evidence Decisions of small claims court can be _________ to the circuit court

Juvenile Courts Juveniles are younger members of society (__-__yrs) Juveniles are allowed their full constitutional rights, including the right to be represented by an ________ Juveniles usually receive sentences of ____________ rather than punishment Possible determinations are: Release into the supervision of parents, guardians, or governmental officials; placement in foster homes; and detention in correctional facilities

Probate Courts Courts that administer ______ & ________ When someone passes away, their property and other interests must be divided according to their wishes and the appropriate laws Formal and complex procedure