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Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 1
Chapter 3
Chapter 3Court SystemsCourt Systems
3-13-1 Forms of Dispute Resolution
3-23-2 The Federal Court System
3-33-3 State Court Systems
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Hot Debate
1. What alternative course of action other than filing suit in court, might Anthony utilize to bring about a resolution of the issue?
2. Does Anthony have a duty to anyone, legally or morally to bring a lawsuit, instead of using alternative forms of dispute resolution?
Slide 2
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Court
Do you know anyone who’s been to court? Discuss this experience. Fair or unfair?
Why does perception of what is fair differ among diverse groups?
Have you watched a trial on television? Discuss.
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 4
Chapter 3
3-13-1 Forms 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
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 5
Chapter 3
DISPUTE RESOLUTION
How can disputes be resolved without going to court?1. Mediation
2. Arbitration
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Mediation Role Play
1. Mediator
2. Credit Card Company – Best Credit Card
3. Creditor – owes Best Credit Card company $7,677 in credit card debt.
Currently not working
Behind in the $123 per month credit card payment
Interest is occurring at a rate of $100 per month.
Slide 6
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Arbitration Role Play1. Arbitrator (retired judge or legally trained)
2. Sports player
3. Sports team owner
Case: The sports player is asking for benefits totaling $1.3 million dollars. During his season with the team, he was entitled to “bonuses” based on team appearances. However, he missed one important “media” event after they won the championship. The sports owner believes that this media event is a reflection of his benefits. The sports player signed an arbitration agreement at the beginning of his employment.
Slide 7
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Compare and Contrast
Mediation Arbitration
Slide 8
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
What’s Your Verdict?
Clickery-Clack Garage in Boston, MA, has a clause on their standard repair contract that reads: “any and all disputes arising out of their repair work are to be settled by arbitration rather than by a court of law.
1. Is this clause enforceable?
A. Yes
B. No
Slide 9
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Mediation and Arbitration is not an option – Go to Court
How do courts settle disputes? Two Levels
1. Trial courts – the court in which a dispute is first heard. Witnesses Facts of the case Apply law and reach verdict (decision) ORIGINAL JURISDICTION
Slide 10
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Mediation and Arbitration is not an option – Go to Court
2. Appellate courts – reviews decisions of lower courts when a party claims an error of law was made during the lower court’s proceeding. DO NOT determine fact Examines the transcript Read appellate briefs (written arguments on the issues of law
submitted by the opposing attorneys). Question attorneys about the facts Affirm (upheld) reversed (overturned) amended (changed) remanded
(sent back to the trial court for corrective action or possible a new trial) or a combination of these
Slide 11
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 12
Chapter 3
A trial court has _______ jurisdiction over a case.
A.Second
B.Original
C.No
D.AppealCommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 13
Chapter 3
Appellate court review of trial court decisions is normally confined to errors of
A.Procedures
B.Witnesses
C.Facts
D.Law
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Compare and Contrast
Trial Court Appellate Court
Slide 14
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 15
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 16
Chapter 3
3-23-2 The Federal Court System
GOALS Identify the source of power of the federal
courts Name the major federal courts and describe
their jurisdictions and powers
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 17
Chapter 3
ORIGIN OF THE FEDERAL COURT SYSTEM
Judiciary Acts established: U.S. Supreme Court 13 district courts Federal Courts of Appeal Specialized courts
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 18
Chapter 3
The Supreme Court did not exist under the Articles of Confederation.
A.TrueB.False
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Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 19
Chapter 3
What is the source of power of the federal courts?
A.The President of the U.S.
B.Congress
C.U.S. Constitution
D.State CourtsCommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 20
Chapter 3
JURISDICTION OF THE FEDERAL COURTS
Federal District Courts Federal Courts of Appeals United States Supreme Court
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 21
Chapter 3
Federal Court System – US Supreme Court
Original jurisdiction over cases affecting ambassadors, other public ministers and consuls and those in which a state shall be party.
Appellate jurisdiction over cases on appeal from the U.S. Courts of Appeals or from the highest courts of the various states. Usually chooses to hear cases involving constitutionality.
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 22
Chapter 3
Federal Court System – Courts of Appeals
Appellate jurisdiction over the district courts, certain specialized federal courts and many federal administrative agencies.
No new evidence. No witnesses. Review trial transcript. Read lawyer briefs. Hear oral arguments.
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 23
Chapter 3
Federal Court System-Trial Courts
Federal questions, or cases that arise under the Constitution U.S. Law, and U.S. treaties. Lawsuits between citizens of different states, between a U.S. citizen and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation. Diversity of citizenship – more than $75,000 must be at stake.
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 24
Chapter 3
Federal Court System
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
U.S. District Courts http://www.uscourts.gov/courtlinks/
Slide 25
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
What’s your verdict? Susan Bean, a citizen of Illinois, sued Wallis
Turn, a citizen of Colorado for breach of a construction contract on Bean’s 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.
Will the case be heard in federal or state court?
A. Federal
B. State
Slide 26
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 27
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
FEDERAL COURT
QUIZ
Slide 28
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which court is the lowest level in the federal court system with general jurisdiction?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 29
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which court has appellate jurisdiction over district courts?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 30
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which type of court has 12 courts that are considered circuit courts for a specific geographic area?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 31
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which court has original jurisdiction over cases affecting ambassadors and public ministers?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 32
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which court has original jurisdiction over lawsuits between citizens of different states?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 33
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which court’s decisions can be overturned by a constitutional amendment?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 34
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which type of court has 13 different courts in the federal system?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 35
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which court has both original and appellate jurisdiction?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 36
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which type of court does not accept new evidence or call witnesses?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 37
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which court has original jurisdiction over lawsuits involving more than $75,000?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 38
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which court can issue a writ of certiorari to state courts?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 39
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Which court can overturn decisions made by the State (Illinois) Supreme Court?
A. Federal District Court
B. Federal Court of Appeals
C. U.S. Supreme Court
Slide 40
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
How did you do?
Slide 41
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 42
Chapter 3
3-33-3 State 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
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 43
Chapter 3
A TYPICAL STATE COURT SYSTEM
1. State trial courts
2. State courts of appeals
3. State supreme courts
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 44
Chapter 3
A Typical State Court System
Panel of 3 or more justices review the case
Original jurisdiction over most state impeachment cases.Appellate jurisdiction.
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 45
Chapter 3
A state supreme court can make its own determinations of the facts in a appellate case.
A.True
B.False
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Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 46
Chapter 3
A Typical State Court System
Panel of Judges-no more than 3
•No new evidence•No witnesses•Briefs from attorneys•Oral arguments•Was correct law applied?
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 47
Chapter 3
A Typical State Court System
General jurisdiction
Trial courts with specialized jurisdiction
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 48
Chapter 3
STATE COURTS WITH SPECIALIZED JURISDICTIONS
Associate circuit courts City or municipal courts Small claims courts Juvenile courts Probate courts
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 49
Chapter 3
A Typical State Court System
McHenry County Courthouse
Associate Circuit Courts
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 50
Chapter 3
A Typical State Court System
McHenry County Courthouse
Divorce, custody
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 51
Chapter 3
A Typical State Court System
McHenry County Courthouse
Over 13 under 19. 28 states set a minimum age which ranges from 10-15. Offenders can be rehabilitated rather than punished.
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
What’s your verdict?
Chase, age 15, violated his states anti-hacking law. He was caught and referred to a juvenile court.
1. Will he be treated differently under the juvenile court’s jurisdiction than under a regular trial court’s jurisdiction?
A. Yes
B. No
Slide 52
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 53
Chapter 3
A Typical State Court System
Cities-Crystal Lake, McHenry, WoodstockCivil actions (People to People) are in Woodstock
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 54
Chapter 3
A Typical State Court System
Death. Disperse property.
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 55
Chapter 3
A Typical State Court System
Charged with a crime, usually a felony.
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 56
Chapter 3
A Typical State Court System
McHenry County Courthouse – You’re getting married
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 57
Chapter 3
A Typical State Court System
Civil claims under $2500 for most states. Under $10,000 for McHenry County. No jury or formal rules of evidence. Can be appealed to a state trial court. An attorney is not necessary. You can represent yourself.
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 58
Chapter 3
Attorneys generally are not required in a small claims court.
A.True
B.False
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Sample CaseThe jury in Martin’s case convicted him of grand
larceny partially based on evidence found in the trunk of the car he was driving. The state appellate courts upheld his conviction. The US Supreme Court took jurisdiction over the case by issuing a writ of certiorari to the state supreme court. The US supreme court on appeal then held that the search of his trunk that discovered the items was improper. The USSC overturned his conviction, as the jury could have been improperly influenced by such evidence.
Slide 59
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
What’s Your Verdict?Sheila had a beautiful apartment with a view of
the harbor. After she had lived there several years, her landlord gave her and the other tenants of the apartment building 30 days notice to vacate. Sheila sued to prevent the mass evictions. After losing in the state trial court, she vowed to appeal the issue directly to the U.S. Supreme Court.
1. Can she do so?
A. Yes
B. No
Slide 60
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Illinois State Courts
http://www.state.il.us/court/
Slide 61
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
How did you do?
Slide 62
Chapter 3
CommandButton1
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
The Right to a Jury Trial
Jury – 14th, 16th and 17th amendments Why would someone want this?
Bench Trial Held before judge, no jury Why would someone want this?
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Jury Selection Voir Dire – Interview potential jurors for possible
biases Challenge for Cause
Predisposition
Peremptory Challenge Just because (can’t be racially motivated)
Video – Jury Duty Selection http://www.videojug.com/interview/jury-selection-2
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Exemptions from Jury Duty
What are some good reasons? Convicted Felon Not a U.S. Citizen Under 18
You get Paid…. But not much
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Venue Proper place to bring suit Change of venue
Why? Rodney King Video
Change of venue granted to a city 40 miles away. Not guilty for policeman Riots in LA
Juror speaks Video Rodney King Speaks Video
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Trial Activity
Criminal Case State (Plaintiff) vs. Mike (Defendant), an 18 year
old high school student who is accused of buying a stolen “hot” cd player.
The lawyers need to voir dire the potential jurors. 3 peremptory challenges, and of course unlimited
challengesfor cause
2 questions for each potential juror Count the biases for each side to determine which side
has a favorable jury.
Slide 67
Chapter 3
Law for Business and Personal Use
© South-Western, a part of Cengage Learning
Following a Case through the Court System Court Procedure The Pleadings Choices available after receipt of the summons and
complaint Dismissals and Judgment before trial Proceedings before the trial
Discovery Depositions Interrogatories
Compliance with Discovery Requests The Pretrial Conference At the Trial How the case is ended
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 69
Chapter 3
PREVENT LEGAL DIFFICULTIES
Be prepared . . . To avoid expensive litigation should a dispute
develop, when you enter a contract include a provision requiring the use of a mediator or an arbitrator.
To be sure of the rules and costs of any litigation that might develop under a legal document you sign, specify the jurisdiction in which such disputes must be resolved.
Continued on the next slide
Law for Business and Personal Use
© South-Western, a part of Cengage Learning Slide 70
Chapter 3
PREVENT LEGAL DIFFICULTIES
Know the facts about your state’s juvenile court system especially with respect to ages, rights, and sentencing options.
Have your parents see an attorney to make out a will and utilize other methods to avoid the expenses of probate.