LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4 Slide 1 The Court System Dispute Resolution and the Courts Federal Court System State Court Systems CHAPTER 4 Lessons

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4 Slide 2 Dispute Resolution and the Courts Explain how disputes can be settled without resort to the courts Name the different levels of courts and describe their powers LESSON 4-1 GOALS

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 3 Hot Debate Anthony Destin – hired by Berentinos at the same time as co-worker, Sarah. Anthony has five years more experience than Sarah

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 4 CAN DISPUTES BE RESOLVED PRIVATELY? Litigate – to resolve disputes in court Litigation is time-consuming and expensive Mediation – attempt by a neutral third party to achieve a compromise between two parties in a dispute Arbitration – informal hearing to determine what happened

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 5 CAN DISPUTES BE RESOLVED PRIVATELY? Arbitration / Mediation is encouraged to avoid: high costs time delays difficulties of a trial court

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 6 MEDIATION Mediator tries to develop a solution acceptable to both sides of the dispute. The actions of a mediator are advisory — not binding.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 7 ARBITRATION An arbitrator usually holds an informal hearing to determine what happened. The arbitrator’s decision is binding on both parties. The decision can be enforced by court order if necessary.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 8 Arbitration / Mediation

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 9

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 10 DIFFERENT LEVELS OF COURTS Trial courts Appellate courts

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 11 TRIAL COURTS A trial court is the first court to hear a dispute. A trial court has original jurisdiction over a case. NJ – Superior Court

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 12 TRIAL COURTS (cont’d) Consists of judge and lawyers Consists of: Clerks – enter cases on the court calendar, keep records of proceedings, compute courts costs Sheriffs/Bailiffs – summon witnesses, keep order in court, and take steps to carry out judgments

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 13 APPELLATE COURTS An appellate court reviews decisions of lower courts when a party claims an error was made during the previous proceeding. Appellate courts are concerned with errors of law rather than questions of fact Appellate courts DO NOT hear witnesses and generally do not except new evidence

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 14 APPELLATE COURTS (cont’d) Examine transcript – a verbatim record of what went on at trial Read appellate briefs – written arguments on the issues of law These are submitted by opposing attorneys

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 15 Court Reporters

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 16 POSSIBLE APPELLATE COURT DECISIONS Affirm (uphold) the decision of the lower court  Reverse (overturn) the decision of the lower court Amend (change) the decision of the lower court Remand the case—send it back to the trial court for corrective action or possibly a new trial.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4 Slide 17 Federal Court System Identify the source of power of the federal courts Name the various levels of federal courts and describe their jurisdictions LESSON 4-2 GOALS

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 18 ORIGINS OF OUR FEDERAL COURT SYSTEM Federal courts received their power from the Constitution. The Constitution granted Congress the power to establish courts inferior to the U.S. Supreme Court.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 19 FEDERAL COURT SYSTEM United States Supreme Court State Supreme Courts Specialized Federal Courts Many Federal Agencies United States District Courts 13 United States Courts of Appeals (12 Circuit Courts) (1 Court of Appeals for the Federal Circuit) 13 United States Courts of Appeals (12 Circuit Courts) (1 Court of Appeals for the Federal Circuit)

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 20 JURISDICTION OF THE FEDERAL COURTS 3 Levels of Federal courts have general jurisdiction – can hear almost any kind of case Federal District Courts Federal Courts of Appeals U.S. Supreme Court Special jurisdiction – hears only one specific type of case

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 21 Federal Court System

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 22 JURISDICTION OF THE FEDERAL COURTS Federal District Courts Lowest level of federal court with general jurisdiction Trial court of the federal system Original jurisdictions over: Federal questions that arise under the Constitution Lawsuits between citizens of different states, between a U.S. citizen and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 23 FEDERAL COURTS OF APPEALS Appellate jurisdiction over: District courts Federal administrative agencies No appellate court, not even the USSC, can change the factual determinations of a jury

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 24 FEDERAL COURTS OF APPEALS (cont’d) 13 Federal courts of appeal 12 are circuit courts – responsible for an assigned geographic area 13 th is dedicated to the “federal circuit” Handles patent cases appealed out of the district court Handles appeals from federal courts with special jurisdiction

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 25 U.S. SUPREME COURT Both original and appellate jurisdiction Original jurisdiction handles: Cases affecting ambassadors Public ministers and consuls Most important is it’s exercise of appellate jurisdiction Cases on appeals from the U.S. Court of Appeals Highest courts of the various states.

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 26 U.S. SUPREME COURT (cont’d) Writ of certiorari – compels the state court to turn over the record of the case to the Supreme Court for review Jurisdiction over state supreme court cases is limited Federal question must arise based on a federal law or on the U.S. Constitution Decisions made by the USSC are final and can only be overturned by the USSC or by an amendment to the Constitution

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 27

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4 Slide 28 State Court Systems Compare the structure of a typical state court with the structure of the federal courts Identify state courts of specialized jurisdiction Discuss the jurisdiction of the various typical state courts LESSON 4-3 GOALS

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 29 STRUCTURE OF STATE COURT SYSTEMS State trial courts State courts of appeals State supreme courts

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 30 STATE TRIAL COURTS General original jurisdiction over both criminal and civil matters – circuit court Some other states may refer to them as superior courts, district courts, or courts of common pleas These all represent a court of record – an exact account of what goes on at trial

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 31 STATE TRIAL COURTS (cont’d) Review decisions of courts of more specialized jurisdiction under them They can retry cases to make a proper record Original jurisdiction

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 32 STATE COURTS OF APPEALS Usually consists of no more than three judges No new evidence can be introduced Similar to Federal Appellate court

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 33 STATE SUPREME COURTS A panel of three or more justices reviews the legal issues and listens to the attorneys’ oral arguments Issue the final decision on matters of law appealed to them unless the U.S. Constitution or other federal issues are involved. Original jurisdiction over state impeachment cases

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 34 A TYPICAL STATE COURT SYSTEM Supreme Court Family Court Probate Court Criminal Court Juvenile Court Municipal Court Justice’s Court (The Court of a Justice of the Peace) Justice’s Court (The Court of a Justice of the Peace) Small Claims Court Trial Court (Of Original General Jurisdiction) Trial Court (Of Original General Jurisdiction) Intermediate Appeals Court (In Populous States) Intermediate Appeals Court (In Populous States)

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 35 STATE COURTS WITH SPECIALIZED JURISDICTION Associate circuit courts City or municipal courts Small claims courts Juvenile courts Probate courts

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 36 ASSOCIATE CIRCUIT COURTS Minor criminal cases State traffic offenses Lawsuits in which small amounts are involved (no more than $25,000)

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 37 CITY OR MUNICIPAL COURTS Divided into traffic and criminal divisions Ordinances are not considered criminal laws Only state and federal governments can make an act criminal

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 38 SMALL CLAIMS COURTS Handle cases involving small amounts ($2,500 or less) Attorneys are not required Judge hears case without a jury or formal evidence Decisions can be appealed to circuit courts

LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING Chapter 4Slide 39 Juvenile Court