Section 1.2 The Court System and Trial Procedures

Section 1.2 The Court System and Trial Procedures The United States has two major court systems: the federal and the state courts. The power a court has to hear a case and make a judgment is called jurisdiction.

Bankruptcy cases Federal courts have jurisdiction over Federal Court System Federal courts have jurisdiction over Cases that raise a federal question Cases with involve citizens of different states ($ value over $75000) Admiralty cases, pertaining to the sea Parent and copyright cases Bankruptcy cases

Section 1.2 The Court System and Trial Procedures The federal court system consists of: district courts appellate courts special U.S. courts the Supreme Court

District Court – have original jurisdiction over most federal civil and criminal cases (regular trial) 13 judicial circuits with several district courts and 1 appellate court Appellate Court – is a court that hears appeals and reviews cases from the lower courts

Appellate courts only determine if the lower court correctly applied the law Supreme Court – Highest court in the land 1 chief justice and 8 associate justices appointed for life(original jurisdiction in cases that involve a state)

Section 1.2 The Court System and Trial Procedures Most state court systems consist of: local trial courts small-claims, minor cases general trial courts county courts with general jurisdiction special courts, such as juvenile courts intermediate appellate courts parties believe they did not get a fair trial state supreme courts no trial just look at the facts of the case

Section 1.2 The Court System and Trial Procedures An appellate court is not a trial court, but reviews the decision of a lower court.

Section 1.2 The Court System and Trial Procedures

Section 1.2 The Court System and Trial Procedures Courts hear two types of cases: criminal civil

Section 1.2 The Court System and Trial Procedures Civil cases are brought by one individual against another. Criminal cases are brought by the government for offenses committed against the public.

Section 1.2 The Court System and Trial Procedures A civil case begins with one individual suing another. The plaintiff is the person bringing the lawsuit. The defendant is the person being sued.

Alternative Dispute Resolution ADR-occurs when parties try to resolve disagreements outside of the usual court system Mediation-A mediator tries to persuade the parties to compromise Arbitration-parties give the power to settle their dispute to a third party

Conciliation-In conciliation the conciliator does not bring the parties together in a face-to-face conversation Negotiation-each party appoints a spokesperson to represent them in the reconciliation process If not successful all 4 alternatives can lead to full litigation(court)

Civil Litigation Begins Pleadings: formal papers filed Discovery: fact about trial Pretrial Hearing: informal meeting before the trial Trial – either jury or judge

Evidence is introduced Closing arguments Jury instructions Verdict Steps in a trial Decide jury or judge Pick jury Opening statement Evidence is introduced Closing arguments Jury instructions Verdict