1. COURT SYSTEMS Chapter 3

2. Ch. 3-1 Objectives  Explain how disputes can be settled without going to court  Name the different levels of courts and describe their jurisdictions and powers

3. Dispute Resolution  How Can Disputes be Resolved W/O Going to court? Litigate ○ Allow a court to resolve their disputes Mediator ○ 3 rd party – not legally binding on parties Arbitrator ○ Informal hearing – binding on both parties Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

4. Dispute Resolution  How Do Courts Settle Disputes? Court ○ Governmental forum that administers justice under the law ○ Follow impartial & thorough procedures to make decisions ○ 2 Levels Trial & Appellate Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

5. Dispute Resolution  Trial Court 1 st to hear: witnesses testimony & reviews, evidence Verdict (decision) Original Jurisdiction ○ Power to make the initial decisions of fact and law Clerks – enter cases on calendar, keep records, & compute costs Bailiffs (sheriffs) – summon witnesses, keep order, carry out judgments Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

6. Dispute Resolution  Appellate Courts Reviews decisions of lower courts when a party claims an error of law was made during the lower court’s proceeding Transcripts ○ Which is a verbatim record of what went on at trial Appellate briefs ○ Written arguments on the issues of law  Hear attorneys’ oral arguments  Decide if lower court should be: Affirmed (upheld) Reversed (overturned) Amended (changed) Remanded (sent back to correct issue or new trial) Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

7. Ch. 3-2 Objectives  Identify the source of power of the federal courts  Name the major federal courts and describe their jurisdictions and powers

8. Origin of the Federal Court System  Article III The people conferred the power to judge certain criminal & civil matters on a system of federal courts: ○ Sec 1 – judicial power, vested in one Supreme Court Congress obtains & establishes ○ Federal Judiciary Act – “ordained & established” the U.S. Supreme Court (USSC) & circuit courts of appeals Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

9. Jurisdiction of the Federal Courts  General Jurisdiction Hear almost any kind of case 3 Levels of federal courts ○ Federal district courts ○ Federal court of appeals ○ USSC  Special Jurisdiction One specific type of case such as tax, international trade, and bankruptcy Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

10. Federal Court System Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

11. Federal District Courts  Lower level of federal courts w/ general jurisdiction – trial court Original jurisdiction over: ○ Federal questions (U.S. Constitution, U.S. Law, and U.S. Treaties) ○ Lawsuits between citizens of different states, b/w U.S. citizen & foreign nation ○ More than $75,000 must be in dispute for a federal court to hear a diversity of citizenship Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

12. Federal Courts of Appeals  Appellate jurisdiction over… District courts, specialized federal courts, and many federal agencies  No new evidence or call witnesses  13 Federal Courts of Appeals 12 are circuit courts – geographical area 1 “federal circuit” – handles patent cases appealed out of the district courts & appeals from federal courts w/ special jurisdiction Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

13. United States Supreme Court  Both original & appellate jurisdiction  Original: “cases affecting ambassadors, other public ministers, & in which a state shall be party”  Appellate (most important): Cases on appeal from the US Courts of Appeals From the highest courts of the various states Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

14. United States Supreme Court  Writ of certiorari –compels lower court to turn over the record of the case to the Supreme Court  Over state supreme courts if federal question has arisen  Decisions of the USSC that apply the Constitution are final & can only be overturned by the USSC itself or by an Amendment Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

15. Ch. 3-3 Objectives  Compare the structure of a typical state court system with the structure of the federal courts  Explain the jurisdictions of the specialized courts in a typical state system Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

16. Structure of State Court Systems  State resembles federal system  3 tiers State supreme court Appellate layer Geographically based trial court system ○ General or specialized jurisdiction Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

17. State Trial Courts  AKA: circuit courts – both civil & criminal Aka – superior court, district court, common pleas court  Court of record-exact account of what happens at the trial Transcript, evidence, statements, & judgment  Review decisions of courts of specialized jurisdiction (ie. Small claims courts) Will retry cases to make a proper record for the purpose of potential appeals  Choice of No jury = judge making decision Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

18. A Typical State Court System Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

19. State Courts of Appeals  Typically – appeal in court of record reviewed by panel of judges No evidence introduced Correct law was used to resolve

20. State Supreme Courts  Only cases with most complex legal issues  Justice – title of judges (3 or more)  Original jurisdiction over most state impeachment cases Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

21. Associate Circuit Courts  County courts  Layer below main courts of general original jurisdiction  Minor criminal cases  Traffic  Lawsuits below $25,000 Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

22. City or Municipal Courts  Courts administer their ordinances  Divided into traffic & criminal NOTE: Only Federal or State governments can make an act criminal  Appeal to circuit court level Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

23. Small Claims Courts  Minor suits  $2,500 or less  Usually no attorneys  Appeal to circuit court level  CO - $7500 or less  Faster & cheaper Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008 Colorado Small Claims Handbook for Non-Lawyers, http://www.courts.state.co.us/userfiles/File/Media/Brochures/smallclaimsweb.pdf

24. Juvenile Courts  Over 13 and under 18  Society believes not be held as responsible as adults for criminal acts  Full constitutional rights  Attorney  Rehabilitation not punishment  Not for public knowledge  Records not open to public Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

25. Probate Courts  Administer Wills Estates  Property is divided according to their wishes  Procedure is formal & complex Material from: Adamson, John. E., Law for Business and Personal Use, 18 th edition, South-Western CENGAGE Learning, 2008

26. Chapter 4 Quiz (12pts)  What are 2 ways a USSC decision can be changed?  The appellate court is concerned with errors in ___ & not questions of ____.  A criminal case is a case against whom?  What is another name for a state trial court?  What is the main goal of juvenile courts?  List 4 ways to resolve a dispute.

27. Ch. 4 Quiz – EC (5pts)  If the USSC affirmed a ruling, what are they doing?  What article developed the USSC?  How many Federal court of appeals are there?  What court do you go to if you had an issue about a will or estate?  What former model had her case heard before the USSC?