1. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 3 Court Systems 3-1 3-1Forms of Dispute Resolution 3-2 3-2The Federal Court System 3-3 3-3State Court Systems

2. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 2 3-1Forms of Dispute Resolution GOALS Explain how disputes can be settled without going to court Name the different levels of courts and describe their jurisdictions and powers

3. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 3 DISPUTE RESOLUTION Courts: Administers justice under the law Awards damages, grants appropriate relief, and imposes punishment How can disputes be resolved without going to court? Litigate: allow a court to resolve their disputes Negotiate Settlements: face to face negotiations without going to court. Include: Mediator: third party is invited into negotiations to help settle the dispute. (not legally binding) Arbitrator: similar to a mediator but ruling is legally binding.

4. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 4 DISPUTE RESOLUTION How do courts settle disputes? Courts: governmental forum that administers justice under the law. Trial courts: The court in which a dispute is first heard. The trial court will apply what it selects as appropriate law to the facts to reach a verdict, or decision, in the case. Because it has the power to make these initials decisions of fact and law, a trial court is said to have original jurisdiction over the case. This is the power to hear the case in full for the first time. Bailiffs are responsible for summoning witnesses, keeping order, and take steps to carry out judgments.

5. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 5 DISPUTE RESOLUTION How do courts settle disputes? Appellate courts: reviews decisions of lower courts when a party claims an error of law was made during the lower court’s proceedings. Appellate courts examine the transcript, which is verbatim record of what went on at the trial. The also read appellate briefs, or written arguments on the issues of the law, submitted by the opposing attorneys.

6. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 6 CHECKPOINT What are the two levels of courts, and what is the function of each? Trial courts are the forum in which legal disputes are first heard. Appellate courts review transcripts, evidence from the lower courts, and legal briefs to ensure the correct law was used and properly applied by a particular trial court. Only decide errors of law not errors of fact     

7. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 7 3-2The Federal Court System GOALS Identify the source of power of the federal courts Name the major federal courts and describe their jurisdictions and powers

8. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 8 ORIGIN OF THE FEDERAL COURT SYSTEM Congress established the Federal Judiciary Acts: U.S. Supreme Court 13 district courts Federal Courts of Appeal (1891) Specialized courts (1891)

9. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 9 CHECKPOINT Why do you think it was left to the discretion of Congress to establish a Supreme Court and other inferior courts? The framers of the constitution thought they might be able to do without these courts. They thought the state courts could handle the case load.     

10. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 10 JURISDICTION OF THE FEDERAL COURTS General Jurisdiction: Can hear almost any kind of case 3 levels of federal courts with general jurisdiction Federal district courts, federal court of appeals, and US Supreme Court Specialized Jurisdiction: Hears only one specific type of case. Tax Court, Claims Court, Bankruptcy Court, etc.

11. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 11 JURISDICTION OF THE FEDERAL COURTS Federal District Courts Lowest federal court with general jurisdiction. This is the trial court of the federal system Will this case be heard in federal or state court? Susan Bean, a citizen of Illinois, sued Wally Turk, a citizen of the state of Colorado, for the breach of a construction contract on Bean’s new Chicago residence. More than $600,000 was at stake. Bean filed the suit in Illinois state court. Turk filed a motion to remove the case to the federal courts. This case will be tried in federal courts. More than 75k in question and between citizens of different states

12. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 12 JURISDICTION OF THE FEDERAL COURTS Federal Courts of Appeals Have appellate jurisdiction over district courts, certain specialized federal courts, and many federal administrative agencies. There are 13 federal courts of appeals United States Supreme Court Has both original and appellate jurisdiction. Has original jurisdiction according to the constitution, over “cases affecting ambassadors, other public ministers and consuls and those in which a state shall be party”.

13. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 13 JURISDICTION OF THE FEDERAL COURTS United States Supreme Court (Cont.) The most important function of the USSC is their appellate jurisdiction. If the Supreme Court believe that a case contains a constitutional issue sufficiently important to be decided by it, the Supreme Court will issue a writ of certiorari to the last court that heard the case. This “writ” or order compels the lower court to turn over the record of the case to the USSC.

14. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 14 FEDERAL COURT SYSTEM

15. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 15 CHECKPOINT Name the three levels of federal courts and describe the jurisdiction of each.     

16. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 16 3-3State Court Systems GOALS 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

17. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 17 A TYPICAL STATE COURT SYSTEM State Legal System Mirrors federal in that it has 3 branches of government State trial courts In most states trial courts, those with general original jurisdiction over both criminal and civil matters, are known as circuit courts. These courts are the court of record in the state system. A court of record keeps an exact account of what goes on at trial. The accuracy of this “record” is vital, as any appeal filed depends on it. These courts make decisions on facts often by using a jury.

18. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 18 A TYPICAL STATE COURT SYSTEM State courts of appeals The state panel (no more than 3 judges) evaluates the record of the case and the appellate briefs. It hears oral arguments by those attorneys in the case. No witnesses are called. No new evidence can be introduced at this level. The judges make sure the correct law was used at the lower court and decide the case.

19. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 19 A TYPICAL STATE COURT SYSTEM State supreme courts Only case with the most vital and complex legal issues are taken to the state supreme court. Reviews a case in the same manner as the appellate courts They issue a final decision on the matters of law appealed to them EXCEPT…. If the case involves a Constitutional or other federal question, a further appeal can of the U.S. Supreme Court.

20. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 20 A TYPICAL STATE COURT SYSTEM

21. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 21 CHECKPOINT What does a typical state court system have in common with the federal court system?     

22. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 22 STATE COURTS WITH SPECIALIZED JURISDICTIONS Associate circuit courts The layer of courts below their main courts of general original jurisdiction City or municipal courts Courts that administer city ordinances Usually divided into traffic and non traffic division. Can overlap with state laws and can be appealed to the state trial court if necessary. Small claims courts Courts handle disputes in which small amounts, generally $2,500 or less, are involved. Attorneys are typically not required Can be appealed to state trial courts. Minor suits would often not be heard if not for these courts.

23. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 23 STATE COURTS WITH SPECIALIZED JURISDICTIONS Juvenile courts Courts that handle cases for those over 13 and under the age of 18. Juveniles are entitled to full constitutional rights including having an attorney Ensure that most cases do not become public Juvenile record cannot be used against you in another state because these records are sealed. Punishments are generally geared towards rehabilitation and not punishment. Probate courts Courts that administer wills and estates

24. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 24 CHECKPOINT Name the typical state courts that have specialized jurisdiction.     