3-1 Chapter 3— The Court System REED SHEDD PAGNATTARO MOREHEAD F I F T E E N T H E D I T I O N McGraw-Hill/Irwin Copyright © 2010 by The McGraw-Hill Companies, Inc. All rights reserved.

3-2  Understand key personnel associated with the court system.  Learn how the state and federal court systems are organized and how they function.  Learn about the power of judicial review and the conflicting philosophies of judicial restraint and judicial activism.  To appreciate the background and judicial alignment of the current members of the U.S. Supreme Court.  Be exposed to a sample case from the U.S. Supreme Court. Learning Objectives

3-3 Corporate governance, in a property – based environment, requires a viable court system. Food for thought…

3-4 TYCO Qwest $50 MILLION$75 MILLION Soaring Legal Costs

3-5 Judges And Justices Determine Rules of Law for Case Finds Facts If No Jury Trial Judge Renders Decision Dealing With People In Conflict Justices – Deal With Issues of Law On Appeal Most Extensive Power

3-6 Jurors  Fact-Finding Body- Petit Jury  Size Usually 12 Some provisions for smaller  Decision Usually unanimous No reason given  Current Reforms

3-7 Jury Verdicts $850 Million $700 Million $554 Million Man, AG v. Freightliner Gulsby Engineering v. Gulf Liquids Cook v. Rockwell

3-8 Lawyers Required in most cases Representation Advocates Duty to Administration Of Justice Counselor, Advocate, Public Servant Confidential Communications

3-9 Federal And Most State Court Systems Trial Courts Appellate Courts Supreme Courts Subject Matter Jurisdiction – Power over Particular Issues

3-10 State Courts- Sources Of Authority  State Constitution  State Legislature  Court Rules Of Procedure

3-11 State Courts – Trial & Appellate Trial:  Superior Court, Circuit Court, District Court  Lawsuit - Complaint Filed  Determines Facts & Law Appellate:   Review Questions Of Law   Consist Of 3 – 9 Judges  Petition For Leave To Appeal/Writ of Certiorari

3-12 Small Claims Court  Handles Much Litigation Between Business & Customers  Minor Financial Issues  Benefits Informal Low Court Costs Simplified Procedures  Dollar Limitation

3-13 Federal Courts Federal Jurisdiction Article III Of Constitution Reviews: Questions of Federal Law U.S. As Party State Disagreements Suits Between Citizens Of Different States

3-14 pop QUIZ pop QUIZ pop QUIZ The general role of an appellate court is to: a. Review questions of fact b. Review questions of fact and law c. Review questions of law d. Review only constitutional questions

3-15 U.S. Constitution Issues Federal Statute Issues No $ Limit Federal Questions Federal Question Cases

3-16 Plaintiffs/ Defendants – Citizens of Different States Each Claim Must Be $75,000+ Guard Against State Court Bias Diversity Diversity Of Citizenship

3-17 District Courts  Federal Trial Courts  Review Lawsuits  Receive Evidence  Evaluate Testimony  Impanel Juries  Resolve Disputes  Federal Rules Of Civil Procedure

3-18 Appellate Courts  12 U.S. Courts Of Appeals  Court Of Appeals For The Federal Circuit- Handles Appeals From Special Courts U.S. Claims Court Administrative Decisions Court Of Military Appeals

3-19

3-20 U.S. Supreme Court  Writ Of Certiorari- Matter Of: Federal Importance- Constitutional Issue Conflicting Decisions Of U.S. Circuit Courts  Decision Becomes “Law Of Land”- Not Subject To Review Courtesy of T. Bundgaard

3-21 Power To Interpret Legislation And Determine Constitutionality Judicial Restraint Strict Constructionism Change Come From Political Process Judicial Review Judicial Activism Courts Help Correct Society Wrongs Value-Oriented & Policy Directed

3-22 Will Ruling Provide Justice and Sound Precedent? Nature Of Judicial Process Case To Be Decided Use Existing Statutes & Precedent Create Law Where None Exists Refuse To Apply Case Law or Find Unconst- itutional

3-23 think TANK think TANK think TANK Is the power of judicial review important? a. yes b. no