DISPUTE RESOLUTION AND THE COURTS FEDERAL COURT SYSTEM STATE COURT SYSTEMS THE COURT SYSTEM

CAN DISPUTES BE RESOLVED PRIVATELY? Mediation Arbitration

MEDIATION Mediator tries to develop a solution acceptable to both sides of the dispute. The actions of a mediator are advisory—not binding.

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.

DIFFERENT LEVELS OF COURTS Trial courts Appellate courts

TRIAL COURTS A trial court is the first court to hear a dispute. A trial court has original jurisdiction over a case.

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 Do not hear witnesses Examine transcripts of trial Review appellate briefs

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.

IDENTIFY THE SOURCE OF POWER OF THE FEDERAL COURTS NAME THE VARIOUS LEVELS OF FEDERAL COURTS AND DESCRIBE THEIR JURISDICTIONS FEDERAL COURT SYSTEM

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.

JURISDICTION OF THE FEDERAL COURTS 3 Levels of Federal Courts Federal District Courts Federal Courts of Appeals United States Supreme Court

FEDERAL DISTRICT COURTS Lowest level of federal court with general jurisdiction (1 st court to hear a dispute) Trial court of the federal system Jurisdiction over: Federal questions or cases that arise under the Constitution, US laws or treaties Lawsuits b/w citizens of different states or US citizen and a foreign nation >$75,000 in dispute

FEDERAL COURT OF APPEALS Appellate court for Federal District Courts No new evidence or witnesses Review transcripts & oral arguments 13 Federal Courts of Appeal 12 assigned to a geographic area 1 Federal Circuit Patent cases Special jurisdiction (Int’l Trade Commission)

US SUPREME COURT (USSC) Some original jurisdiction Cases affecting ambassadors Mostly appellate jurisdiction Decisions of USSC re: Constitution are final

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)

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 STATE COURT SYSTEMS

STRUCTURE OF STATE COURT SYSTEMS Courts of Limited Jurisdiction State Trial Courts State Courts of Appeals State Supreme Courts

COURTS OF LIMITED JURISDICTION Lessens burden on Trial Court Specialized or relatively minor jurisdiction Can be appealed to the circuit court

JUVENILE COURT Emphasis on rehabilitation, not punishment Records do not become public knowledge Rehabilitation fails, can be tried as an adult

MUNICIPAL COURTS Courts that administer ordinances Traffic division Traffic and misdemeanor fine schedule Criminal division

PROBATE COURT Wills and estates Mr. Deeds

SMALL CLAIMS COURT Attorneys generally are not required <$5,000 Judge Judy Judge Judy Sheindlin, a former judge from New York, tackles real-life small claims cases with her no nonsense attitude in which damages of no more than $5,000 can be awarded. Also by her side is bailiff Petri Hawkins-Byrd who keeps order in the court. Then after a case is closed, the defendant and plaintiff briefly confront each other outside the courtroom.

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)