Settling Disputes Negotiation – Process by which people in a dispute talk to each other and try to reach an acceptable solution Settlement-agreement Auto accidents Arbitration – Both parties agree to have another person listen to their arguments and make a decision for them Contracts, labor relations Mediation – Third person helps the disputing parties talk about their problems and settle their dispute divorce

Court System Different types of Courts – Trial courts- testimony, consider evidence and decide facts – Civil and Criminal Civil- Plantiff brings the legal action Criminal-Government brings legal action Both parties defendant is responding to the plantiff

State vs. Federal Courts Municipal or County courts  intermediate court of appeals  state supreme court  U.S Supreme Court U.S district courts  U.S. Circuit Court of Appeals  U.S. Supreme Court

Tribal Courts No longer posses complete authority over their reservations. Have tribal courts Inherent Power – Power to regulate family relationships, tribal memberships and law and order on the reservation Delegated Power – When Congress grants power in a certain area such as environmental regulation

Supreme court **does not accept all appeals Petitions for Certiorari-request of a lower court to send up records

Trial Systems – Inquisitional System Judge is active in questioning witnesses, and controlling the court process – Adversary system Contest between opposing sides The judge/jury make decision after parties make best arguments

Jury Process Voir dire – Screen jurors for prejudices, preconceived notions Removal for Cause – Removing a juror who appears to be unable to make a fair and impartial decision Peremptory Challenges – Removal of jurors without cause

Appeals Error of Law – Mistakes as to the law Dissenting Opinion – Document written by judges who disagree with the opinion Concurring Opinion – Document written by judges who agree but for different reasons

Lawyers Litigators-trial lawyers Legal Malpractice – When a laywer is sued by clients for serious eeeors that result in injurty or loss Privilege – Whatever you tell your lawyer cannot be disclosed to anyone Disbarred – Lawyers who violate statndards and can no longer has a lisene to practice law

Whyt do we need a lawyer? Why do we need lawyers – Buying/selling homes – Organizing a business – Changting family dynamic – Making a will – Criminal charges – Handling accidents