1. Mr. Valanzano Business Law

2. Dispute Resolution Litigate – ________________________________________________ In some cases, people decided too quickly to take a dispute to court. The issue could have been settled _______________________________. Mediator – ___________________________________________________ _____________________________________________________________ A mediator’s actions are ________________ and are not legally binding. Arbitrator – __________________________________________________ _____________________________________________________________ An arbitrator’s decision is ___________________ and could be enforced by a court order if necessary. Using a third party is ___________ and ___________ than going to trial.

3. Courts Court – ________________________________________________ ______________________________________________________ Courts decide _________________ and _____________________. A court may award _________ in civil cases, __________________ in criminal cases, or grant other appropriate relief. Courts follow __________________ and thorough procedures to make decisions. In a trial, witnesses are compelled to give testimony and the accused party (_______________) is allowed equal opportunity to argue their side of the case. The accusing party is called the ________________.

4. Trial Courts Trial Courts – __________________________________ _______________________ – power to hear the case in full for the first time and make the first ruling People involved in a trial: __________________ ___________ – enter cases on the court calendar, keep records of proceedings, and compute court costs Sheriffs or Marshals – serve as ___________ who summon witnesses, keep order in court, and take steps to carry out judgments Juries – ______________________________________________ _____________________________________________________

5. Appellate Courts Appellate Courts – ____________________________________________ ____________________________________________________________ Appellate courts ___________________________ and generally ______ ________________________________________________. Concerned with _____________________ rather than questions of fact. Appellate courts review a transcript (___________________) of the trial and appellate briefs (arguments on the issues of law). After listening to the attorneys’ arguments and question attorneys about a case, the appellate court will decide if the decision should be: Affirmed (________________) Reversed (________________) Amended (________________) __________________ (sent back to trial court for corrective action or possibly a new trial)

6. Federal Court System 3 levels of federal courts – ________________________, ____________________, and the ___________________ General Jurisdiction – ___________________________ ______________________________________________ Special Jurisdiction – ____________________________ ______________________________________________

7. Federal District Courts Lowest level of federal court with _____________________. _____________________ of the federal court system. Power to determine facts and make initial determinations of the law to use in deciding a case. Federal district courts have original jurisdiction over: Federal questions or cases that arise under the ________________, ___________, and __________________ Lawsuits between ___________________________________ Lawsuits between a U.S. citizen and a citizen of a foreign nation (__________________________________)

8. Federal Courts of Appeals Have _________________________ over federal district courts, certain specialized federal courts, and many federal administrative agencies. No appellate court, not even the Supreme Court, can change the ____________________________________. There are ______ federal courts of appeal: 12 are responsible for an assigned area of the U.S. 1 is dedicated to the “federal circuit” which handles patent cases and appeals from federal courts with special jurisdiction

9. The U.S. Supreme Court Has both ____________ and _______________ jurisdiction. ____________________ over “cases involving ambassadors, other public consuls, and cases in which a state will be one party.” (Constitution) ______________________ over cases on appeal from federal courts of appeals and highest state courts. Writ of Certiorari – _________________________________ __________________________________________________ _______________________________________

10. State Court System Courts of general jurisdiction – _______________________ __________________________________________________ State court systems are very similar to the federal court system. In state appellate courts, cases are reviewed by a _________ ________________________________________. State supreme courts often operate in the same manner as state appellate courts. If there is a Constitutional or other federal issue involved, a further appeal can go to the __________________________.

11. Specialized State Courts Associate Circuit Courts – ______________________________________ _____________________________________________________________ _________________________ – city courts that are usually divided into traffic and criminal divisions dealing with less serious violations of state laws within city limits Small Claims Courts – _________________________________________ _____________________________________________________________ ______________________________ – special courts set up to hear cases involving those between the age of 13 and 18; most juvenile cases do not become public knowledge and focus on rehabilitation, not punishment Probate Courts – ______________________________________________ Although most cases in these specialized courts are not on record, the decisions can be appealed and sent to a circuit court for a trial on the record.

12. Steps in a Trial 1) _____________________________ 2) _____________________________ 3) ________________________________________________ 4) _____________________________ 5) _____________________________ 6) _____________________________ 7) ___________________________

13. Jury Selection __________ are selected for a courtroom from the pool of available jurors. The ________ and ___________ question the potential jurors to determine if any juror has a _______________ in the case, or a ___________ or ___________ that may influence them as a juror. The attorneys may challenge some jurors and ask the court to excuse them from the trial. _______ is the most common amount of jurors hearing a case.

14. Opening Statements Each side (____________ and __________) may outline the ___________ to be presented to the jury during the trial. Opening statements ____________________________, only expectations of what each side expects the evidence to prove.

15. Presentation of Evidence & Testimony of Witnesses The ________________ case is presented first. As each witness testifies, the side that called the witness asks questions in ________________________. Then the side that did not call the witness has an opportunity to ask questions in ______________________________. _________________________, such as documents, weapons or photographs are admitted into ____________________ and numbered for identification. During the trial, if one attorney ___________ to a question, they present their objection to the judge. These are questions of ______________________ and may be argued out of the hearing. The judge will advise the jury of ____________________________________________________ ________________________________________________________________________________. A ruling by the judge to ________________________________ an objection does not mean that the judge is taking sides. ____________ is being applied which permits or does not permit the question to be asked or the answer to the question. When each side has presented all their evidence, they “_________" their case.

16. Closing Arguments The attorneys ______________________ and try to __________ the jury to find in favor of their client. The plaintiff has the ______________________ and therefore has the opportunity to open and close the arguments. Burden of Proof – ___________________________ ___________________________________________

17. Presentation of Jury Instructions Also called “_____________________.” The judge reads the ____________________ to the jury, defines the _________ the jurors must decide and informs them of the _____ ________________________________. Jurors may not decide cases based on the laws as they would like them to be but must _____________________________________.

18. Deliberation & Verdict The jury retires to the _____________________________________________________. The jury first elects a ________________ who will see that discussions are conducted in a sensible and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate. If the jurors have a question during their deliberation, they may write it down and have the bailiff deliver it to the judge. When a verdict has been reached, the jurors agreeing to the verdict sign the form and notify the bailiff. The verdict is read by the clerk and the judge dismisses the jurors. Hung Jury - ______________________________________________________________ ________________________________________________________________________ The result of a hung jury is often a _______________. In ____________ cases, the jury must come to a ________________ decision. In ______________ cases, the jury must come to a _________________ decision. The government may retry any defendant on any count (____________) in which the ___________________________________.