Chapter 2 Business Law Mr. Sherpinsky

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Presentation transcript:

Chapter 2 Business Law Mr. Sherpinsky Get Your Books! A Dual Court System Chapter 2 Business Law Mr. Sherpinsky

The Opening Scene, pg. 27 Parts: Jamila Daniel Peggy Trai Mrs. Martinez

Justice Journal What is a court case you have seen on T.V. lately? What kind of a court was the case tried in?

A Dual Court System U.S. System of Justice has two major parts Federal System State Court System

Federal Courts Hear cases involving or have jurisdiction over “responsible for”: Federal matters (Example 1, pg. 28) Citizenship matters United States Supreme Court 13 United States Courts of Appeals (12 Circuit Courts) (1 Court of Appeals for the Federal Court) US District Courts Many Federal Agencies Court of Appeals for Federal Circuit Specialize Federal Courts

State Court System United States Supreme Court State Supreme Court Appellate Courts General Trial Courts Commonwealth & Superior Courts Lower Trial Courts Court of Common Pleas District Justice Court

Basic Court Terms: Jurisdiction Jurisdiction: is the power and authority given to a court to hear a case and to make a judgment Diversity of Citizenship: cases which involve citizens of different states and in which the amount of money in dispute exceeds $75,000 Admiralty cases, or those pertaining to the sea Patent and copyright cases Bankruptcy cases

Basic Court Terms: Jurisdiction Original Jurisdiction: Meaning they try a case the first time it is heard Appellate Jurisdiction: Any party to the federal or state courts may appeal to the Appellate Court in the circuit or state where the case was tried

Basic Court Terms: Jurisdiction General Jurisdiction: meaning they handle criminal and civil cases. (In Bucks County commonly known as the Court of Common Pleas) Limited Jurisdiction: meaning they handle minor matters (Misdemeanors and civil actions)

Federal Courts Hear cases involving or have jurisdiction over “responsible for”: Federal matters (Example 1, pg. 28) Citizenship matters United States Supreme Court 13 United States Courts of Appeals (12 Circuit Courts) (1 Court of Appeals for the Federal Court) US District Courts Many Federal Agencies Court of Appeals for Federal Circuit Specialize Federal Courts

U.S. District Courts U.S. District Courts Have original jurisdiction over most federal cases Most federal cases begin in one of the U.S. district courts

U.S. District Courts Have ORIGINAL Jurisdiction: Cases that arise for first time under The Constitution U.S. law U.S. treaties Lawsuits between citizens of different states, U.S. citizens and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation.

U.S. District Courts Jurisdiction over: Issues between states Issues between parties who reside in different states and the remedy is over $75,000 Issues of national attention Issues where the United States is a party

U.S. District Courts Also have GENERAL Jurisdiction Lowest Level of federal court system. Most federal cases start in U.S. District Courts. Power to determine the facts and to make initial determinations. Both civil and criminal cases

Courts of Appeals Courts of Appeals Also known as appellate courts or intermediate courts Intermediate Courts means a court between lower courts and the highest court

Court of Appeals or Appellate Courts Hear appeals and review cases from lower courts Have appellate jurisdiction over district courts, certain specialized federal courts, and many federal administrative agencies Appeals from a lower court, like state court Appeals from administrative courts Appeals from specialized courts, like patent court Only questions of law can be raised on appeal, not questions of fact or call witnesses Review transcripts, appellate briefs, and oral arguments from attorneys

Appellate Courts Review decisions of lower courts when party claims error during proceedings Usually a panel of three (3) judges Only questions of law can be raised on appeal, not questions of fact or call witnesses Review transcripts, appellate briefs, and oral arguments from attorneys

Special U.S. Courts Special Courts Designed by Congress Has jurisdiction over certain kinds of cases: Suits brought by citizens against the federal government Disagreements over taxes on imported goods Disputes between taxpayers and the Internal Revenue Service (IRS)

Special U.S. Courts Special Courts Designed by Congress Have Jurisdiction over: Suits brought by citizens against the federal government Disagreements over taxes on imported goods Disputes between taxpayers and the IRS Examples: US Claims Court (Against government) US Court of International Trade (Tariffs and import taxes) US Tax Court (Tax laws) Territorial Courts (All US Territories) Court of Military Appeals (Court martials)

U.S. Supreme Court

U.S. Supreme Court Highest Court in the Land Has both original and appellate jurisdiction Original: cases over ambassadors, public ministers, and consuls or those in which the state is a party Appeal: All cases on appeal from US Courts or State Supreme Courts

U.S. Supreme Court Supreme Court Justices decide which cases they will hear from the U.S. Courts of Appeals or the State Supreme Courts (By vote of at least 4 Justices) The Supreme Court consists of the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. The number of Associate Justices is currently fixed at eight Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate. Terms last for a lifetime Working term begins on the first Monday in October

Why People Care?

Web Quest Research the US Supreme Court Answer the following questions for each Judge: Name all Justices The colleges/universities they graduated from Birth Date/Family Profiles Who appointed them and when Identify them as either being conservative or liberal Name at least 2 major cases they have quoted

State Court System United States Supreme Court State Supreme Court Appellate Courts General Trial Courts Commonwealth & Superior Courts Lower Trial Courts Court of Common Pleas District Justice Court

State Court System The three primary courts in the state court system are: Superior Court, Intermediate Court Of Appeals and State Supreme Court.

State Court Systems Municipal Courts Limited jurisdiction Means handle minor matters such as misdemeanors and small amount of money (Less than $2500) Also known as Justice of the Peace or Magistrate’s courts Commonly cases are called summary offenses All misdemeanor and felony violations are more commonly called court cases. 

State Court Systems County Trial Courts General, original and appellate jurisdiction: Hears all Criminal and civil matters Known as “Court of Common Pleas” and “court of record” Hears a wide variety of cases, including criminal prosecutions, juvenile delinquency proceedings, lawsuits involving money or property, divorce, custody disputes, child support issues, adoptions, estates and much more. The Common Pleas Court is also the court in which many appeals, such as driver’s license suspensions, zoning matters, traffic tickets and numerous others are resolved. 

State Court Systems State Trial Courts State Court of Appeals General and Original jurisdiction: Criminal and civil matters Known as circuit courts or superior courts “Court of record”- keeps an exact account of what goes on at trial Types of Records: transcripts of what was said, evidence submitted, statements, determinations of court officials, and judgment of the court State Court of Appeals Panel of judges evaluates the record, briefs, and oral arguments.

Pennsylvania State Supreme Court Highest court in the state Chooses the cases it hears By vote of at least four (4) of the Seven (7) Judges Pre-dates the US Supreme Court by 67 years

Special Courts Specialized Cases: Probate Courts Hear cases involving the property of deceased persons Even when no will exists! Adoptions

Special Courts Specialized Cases: Domestic Relations Court Divorce, annulment, distribution of property, alimony and child support

Special Courts Juvenile Courts A delinquent child is a minor who has committed an adult crime.

Special Courts Juvenile Courts An unruly child is generally a minor who has done something inappropriate that is not considered an adult crime.

Special Courts Juvenile Courts A neglected or abused child is one who is homeless, destitute, or without adequate parental care. He or she may become a ward of the state. Many states have imposed stricter standards for the treatment of youth offenders Especially when drugs or violence is involved

What do you think… In which court will these case most likely be tried? Bankruptcy Dispute between U.S. taxpayer and the IRS Violation of curfew by a teen

Check Yourself 1. What does jurisdiction mean? 2. Which vocabulary word for section 1 would fit this scenario? If a 13-year-old-girl were found living in an abandoned mobile home, how might she be distinguished in a juvenile court?

Class Work Vocabulary, Chapter 2, Section 1 Supplemental Worksheet Enrichment Worksheet

Justice Journal Have any of your parents or anyone that you know ever been called to serve as a juror? What type of case was heard and what was the verdict in the case?

Think about it… Have you or your family ever had a disagreement with someone? How did you or your family handle it? Did you seek the help of a 3rd party? What was the final course of action?

Civil Trial Procedures vs. Criminal Trial Procedures

Civil Trial Procedures Civil and Criminal Trials begin differently Criminal Cases: Government brings case for offenses against the public at large Civil Cases: Individuals who believe they have been injured initiate challenges Injured party begins a suit by filing a complaint with court Lawsuits can be expensive so alternatives have been developed

Alternative Dispute Resolution (ADR) ADR (alternative Dispute Resolution Defined: Process that occurs when parties try to resolve disagreements outside of the usual adversarial system Quick and Inexpensive Classified in 2 ways Reactive method: used after a dispute has arisen Proactive method: used before a dispute arises See Figure 2.2, page 35

ADR (Alternative Dispute) Reactive Methods Mediation: when parties to a dispute invite a 3rd party into the process to help find a solution Arbitration: when parties actually transfer the power to settle their dispute to a 3rd party Binding and Non-binding Summary Jury Trial: short trial that runs less than a day before a real jury which puts forth verdict Private Jury Trial: Parties can hold the trial at a time and place of their own choosing

ADR (Alternative Dispute) Proactive Methods Partnering: Involves a process by which the parties to a long and involved contract agree to meet to become familiar Settlement Week: Court’s clear docket of other cases to hear settlement offers Negotiated Rule-making: Parties affected by new rules work together to develop new rules Science Court: a forum for disputes about science or technology controversies Genetic engineering, nuclear energy research, and so on

Methods for Solving Disputes Three (3) major ways to resolve disputes: 1. Negotiation 2. Arbitration 3. Mediation

Methods for Solving Disputes Negotiation Process in which people involved in a dispute discuss their problem and try to reach a solution acceptable to all Skills necessary are handling conflict responsibly way and can be used in everyday life Informal, which makes it ideal for many types of disputes

Methods for Solving Disputes Negotiation Often people hire attorneys to represent them Requires formal approval of any deal Attorneys file a court case and still try to resolve the issues through negotiation Settlement: formal acceptance of a deal satisfying both parties Saves time and money

Methods for Solving Disputes Negotiation 3 Phases in Negotiating Preparation Sincere interest in settling Identify all the real issues Separate demands from interests Examine the issue from the other party’s point of view Negotiating Post-negotiating

Methods for Solving Disputes Negotiation 3 Phases in Negotiating Negotiating Focus on the real issues Gauge intensity Listen carefully Ask question for clarity Design alternatives Post-negotiating

Methods for Solving Disputes Negotiation 3 Phases in Negotiating Post-negotiating Make final decisions Build agreement Keep options available

Methods for Solving Disputes Arbitration Both parties to a dispute agree to have one or more person hear the dispute and make a decision for them Arbitrator is acting like a judge Less formal than a trial Arbitrator has the power to make decision Binding or Non-Binding

Methods for Solving Disputes Mediation When a third person helps the disputing parties talk about problems and issues Cannot impose a decision on the parties Goal is a reasonable agreement Often, mediator acts as a neutral third party Voluntary Air feelings and avoid blame, preserves the future relationship

Web Quest Research the Bucks County Court System Using the handout, answer the questions using your research skills, the Internet, and existing knowledge. Bonus Question: What is/was the budget for the court system?

Challenge: Problems at the Mall Preparation for Mediation Using the handout and working with a partner create answers for the challenge questions

Law in Action: Problem at the Mall What are your concerns? How could you state the issue in a dispute? What is your starting position?(Demand) Underlying issues? What is the best overcome possible? From your prospective and theirs What will be their starting position? Identify two (2) workable solutions?

Civil Trial Procedures vs. Criminal Trial Procedures

Civil Trial Procedures Civil and Criminal Trials begin differently Criminal Cases: Government brings case for offenses against the public at large Civil Cases: Individuals who believe they have been injured initiate challenges Injured party begins a suit by filing a complaint with court Lawsuits can be expensive so alternatives have been developed

Civil Trial Procedures Begins with the injured filing a complaint Starting a civil case can be expensive so many look for other ways to handle disputes

Civil Trial Procedures Plaintiff Persons whom start the court process Files 1st Defendant Person being sued Action being taken against

Steps in a Civil Trial 1. Pleadings Complaint (Plaintiff’s claims or allegations) Answer (Defendant’s responses to claims) 2. Discovery (gathering evidence… pre-trial hearing) Depositions Interrogatories Request for documents Physical and mental exams Requests for admission Sometimes the case can settle during these 2 phases, if not…

Steps in a Civil Trial (continued) Listed for Trial A pretrial hearing is held to simplify issues and discuss matters that might help dispose or get rid of the case. If the case is not thrown out…it gets listed for a jury trial.

Steps in a Jury Trial voir dire 1. Selecting the Jury – 2. Opening Statements – Plaintiff’s attorney goes first 3. Introduction of Evidence 4. Closing Arguments – Plaintiff’s attorney goes first 5. Jury Instructions 6. Verdict and Judgment

Verdict and Judgment If the defendant is found guilty, the plaintiff is entitled to a remedy. Payment Specific Performance Injunction The court makes sure the execution of judgment is carried out.

Gideon: Case Study Arrested? Need a Lawyer? Why should the government be responsible to provide an attorney?

Gideon: Case Study What precedent was set by Supreme Court? Any indigent (someone who can’t afford an attorney) defendant must be provided with representation (limited ruling…not clear??) Who had to follow the precedent? What if the case was decided by judge in state appeals court? Everyone, in US. If it was at the State Appeals Court: Only state lower courts, unless their constitution says all courts in state. Does Gideon apply to other cases? Not answered at time, but in 1972, Supreme Court ruled that any case that could lead to jail time the defendant should have representation. Doesn’t apply to “no” jail terms crimes or civil cases Miranda v. Arizona (right to counsel/avoid self-incrimination)

Work Packet: Completion Please complete the Chapter 2 Work Packet Due at end of class Friday(after exam) Exam will be end of next week! Review will be on Wednesday!

Criminal Trial Procedure Arrest Criminal cases often start with an arrest Occurs when a person is deprived of his or her freedom Officers may arrest a person at any time with a warrant Officers may arrest a person without a warrant if he or she believes the person has committed or is committing a felony or misdemeanor

Criminal Trial Procedure 1. Arrest Rights of the Defendant Miranda warnings A telephone call Bail – sometimes Remain silent Attorney – court appointed if can not afford Fair trial Presumed innocent until proven guilty

Criminal Trial Procedure (continued) 2. Search and Seizure Search warrant needed under normal circumstances and may be limited to only the area mentioned in the warrant ( Example 3, page 44) *Not needed if person is arrested* **School officials may search students without a warrant as long as they have reasonable ground to believe they will find something.**

Criminal Trial Procedure (continued) 3. Charges A. Felonies Crime punishable by confinement for more than a year in a state prison or by a fine of more than $ 1,000 or both – or even death Murder, kidnapping, arson, rape, robbery, burglary, embezzlement, forgery, theft of large sums, and perjury are examples of felonies B. Misdemeanor Less serious crimes that are punishable by confinement in a county or city jail for less than one year, by fine, or both. Disorderly conduct, speeding, littering, and parking violations

Criminal Trial Procedure (continued) 4. Arraignment Indictment – written accusation charging the individual Arraignment – read the indictment or information and then asked to plead Guilty or Not Guilty Guilty – sentenced – fine, imprisonment, death Not Guilty- goes to trial

Criminal Trial Procedure (continued) 5. The Trial Jury Trials Selection of jurors Opening Statements Introduction of evidence Closing Arguments Judge’s Instructions to Jury Judge Trial

Criminal Trial Procedure (continued) 6. Sentencing Criminal Cases: Must be unanimous Guilty beyond a reasonable doubt Judge imposes ruling Fines – Payment of money Imprisonment – term of incarceration Death penalty Not Guilty Free to go!

Juvenile Cases Juvenile Court Dispositional Hearing (1st Step) Dismissed or Adjudicatory Hearing Home on probation Agency or foster home Training or reform school Pay with money, work or both The juvenile court system is designed so that each case and special circumstances are considered individually.

Juvenile Cases Disposition of Juvenile Cases The judge usually holds a detention hearing to learn whether there are good reasons to keep the accused in custody. An investigation is begun into the minor’s background and home life.

Juvenile Cases Disposition of Juvenile Cases Delinquent child- is a minor under a certain age (16-18) who has committed an adult crime. Unruly child- a minor who has done something inappropriate that is not considered an adult crime. (Violating curfew, skipping school, or using tobacco) Neglected/abused child- one who is homeless, destitute or without adequate parental care. (Ward of the state)

Discussion Starter Joseph, age 16, robbed a local grocery store, stealing several cartons of cigarettes. Would he be considered a delinquent child to the courts? Why or why not?

Judge for Yourself Do you agree that people under 18 should be tried as an adult if they commit certain crimes?

Partner Activities Grasping the Issues Working with a partner: Choose four of the five short cases from page 52 and write a short paragraph response Prepare your defense for the “Privacy and Drug Testing” Debate Five Teams Pro Against

Class Work Workbook Review for Exam in next class Exam (Thursday) Due: (Thursday also) Vocabulary Packet