1. Business Law – Mr. Lamberti
Chapter Three
Business Law – Mr. Lamberti

2. Forms of Dispute Resolution
Section One

3. How can disputes be resolved without going to court?
Litigate - allowing a court to resolve their disputes
Mediator - one who tries to develop a solution acceptable to both sides of the dispute
Arbitrator - one who holds an informal hearing to determine what happened
When one person injures another or fails to keep a binding agreement, often the best solution is for the parties to negotiate a settlement themselves
Mediator is only advisory
Arbitrator legally binds settlements

4. How do courts settle disputes?
Court - a governmental forum that administers justice under the law
Courts follow impartial procedures to make decisions
Accused party is allowed equal opportunity to argue their side of the case
Separated into two types of courts:
Trial Courts- the court in which a dispute is first heard
Appellate Courts- reviews decisions of lower courts when there is a claim against its decision

5. Trial Courts Verdict- decision
Original Jurisdiction- having the power to make initial decisions of fact and law
Determines the facts of a case
Consists of a judge, lawyers, clerks, sheriffs/marshals, bailiffs and jury members
Supreme court rarely has Original Jurisdiction…WHY???

6. Appellate Courts Transcript- a record of what went on at trial
Appellate Briefs- written arguments on the issues of law, submitted by the opposing attorneys
Appellate jurisdiction is concerned solely with errors of law
Something new was found – law, evidence, witness
Oppose the ruling (Companies do this all the time…they usually have money to drag out a case or to settle it, it is the plantiff that usually does not have the money and resources to have a case go on for years)
Affirm, Reversed, Amended, Remanded - Combo

7. The Federal Court System
Section two

8. Federal District Courts
Hears general jurisdiction (any type of case)
These courts have original jurisdiction over:
Cases that arise under the Constitution
Lawsuits between citizens of different states or nations
Diversity of Citizenship – Dispute must be over $75,000
Government may seize property and you would file suit over the value
Civil Rights issues
Human Rights issues

9. Federal Court of Appeals
Have appellate jurisdiction over the district courts, specialized federal courts, and administrative agencies
Review trial transcripts, appellate briefs, and oral arguments of attorneys

10. U. S. Supreme Court
Writ of Certiorari- compels a lower court to turn over the record of the case to the Supreme Court
Has original and appellate jurisdiction
If the USSC believes a case contains a constitutional issue, they will issue a writ of certiorari to the last court that heard the case
Roe v. Wade
Brown v. Board of Education

11. Let’s MAP it Out!!!
Orginally, there were 7 total. Today we have 9 USSC Justices that mainly deal with appeals.

12. State Court Systems
Section three

13. State Trial Courts
Court of Record- keeps an exact account of what is going on at trial
Have general jurisdiction over both criminal and civil matters
Also known as circuit courts or district courts
Any appeal filed depends on court of record

14. State Court of Appeals Consists of no more than three judges
No new evidence is introduced at this level
May either send case back down for a new trial, reach a new result using the correct law, or reach an upheld case

15. State Supreme Courts
Only cases that involve the most vital and complex legal issues are taken to the state supreme court
Panel of three or more judges
Issues final decision
Has original jurisdiction over most state impeachment cases

16. Associate Circuit Courts
County Courts- courts below the main courts of general original jurisdiction
Hear minor criminal cases, state traffic offenses, and lawsuits with small amounts (Usually no more than $25,000)

17. City or Municipal Courts
Municipal Courts- courts that administer city ordinances
Divided into traffic and criminal divisions
Less serious violations that occur within city limits
Can be appealed to state trial court if necessary

18. Small Claims Court Handle disputes in small amounts ($2,500 or less)
Attorneys are not required
Can be appealed to a state trial court

19. Juvenile Courts Involve younger members of society 13-18 years of age
Juvenile is entitled to his or her full constitutional rights
If guilty, the result is generally rehabilitation, not punishment
Young offender can be tried as an adult if rehabilitation fails or is impossible (ex. murder)
Age to be tried as an adult in Michigan is 14 years of age
Remember - $8,000 per student & $35,000 per inmate

20. Probate Courts Also called surrogate courts
Deals with the validity of a will and property of an individual after their death