Chapter 4 – The Court System

This chapter presents dispute resolution & the courts, along with the state & federal court

systems

Dispute Resolution and the Courts

Dispute

________ or expression of opposing views.

Controversial discussion or debate. Ill tempered altercation

Dispute Resolution & the Courts

Discussion The injured party tries to

__________ the problem calmly with the ____________.

Many times a _____________________ can be reached.

Dispute Resolution & the Courts

Mediator ________ ________ ______ who tries

to develop a non-binding solution to both sides of a dispute.

The mediators actions are advisory. Arbitrator

Independent third party who develops a ______________ &

___________ resolution to a dispute

Dispute Resolution & the Courts

Litigate Taking disputes to _________

Why not just go right to court? To avoid the ___ , __ , & ____________ of a

court trial.

The Courts Court

______________ ___________ that administers justice under the law.

Courts rule on ____________ cases, and ____________ disputes.

Civil disputes may be resolved by __________ __________ or other relief

Criminal cases may be resolved by ____________ punishments.

Different Levels of Courts

Trial Courts First court to hear a dispute

Original _______________ over the case Witnesses _____________ & other info is presented to prove the alleged facts

Components ___________ , _________ , Clerks, Sheriffs, Marshals, Bailiffs

& ______________

Different Levels of Courts

Appellate Courts Reviews decision of __________ ___________

when a party claims an error was made during the previous proceeding

Do NOT hear _________________ Generally do NOT accept new

________________ They examine the ______________, which are a

verbatim record of what went on at trial They read _____________ briefs, which are

written arguments on the issues of law

Court Decisions Appellate Court Decisions

_____________ - Uphold the decision of the lower court _____________ - Overturn the decision of the lower court _____________ - Change the decision of the lower court _____________ - Send back to lower court for corrective action or a new trial

Jurisdiction

General Jurisdiction Can hear almost _______ kind of

case Special Jurisdiction

Hears only a __________ type of case

Federal Court Federal District Courts

__________ level of the Federal Courts Trial court of the federal system Jurisdiction over

U.S. ____________, U.S. Laws and treaties

U.S. ____________ and foreign nations U.S. Citizens & foreign citizens

Federal Court

Federal District Courts Diversity of Citizenship cases

must be valued at over $___________ in order to be heard in federal court

Federal Courts of Appeals _____ federal courts of appeals

Supreme Court U.S. Supreme Court

Has both ______________ and _____________ jurisdiction

Appellate jurisdiction over U.S. Courts of ___________, and over the highest courts of the __________

Writ Certiorari Order that compels a _______ court to turn over the record of the case to the ______________ ____________

Small Claims Court

Small Claims Courts $___________ or less Attorneys are generally _________

involved

State Court System

Chapter 4-3Business Law

Goals

Compare the structure of a typical state court with the structure of the federal courts

Identify typical state courts of specialized jurisdiction

Discuss the jurisdiction of the various typical state courts

QUESTION: What is the difference between a

federal court and a state court?

State Trial Courts

A/K/A Circuit courts, Superior courts, Courts of common pleas, District courts

All state courts of records Keeps an exact account of what goes on at

trial Why is this important? What records do you think they keep track of… ie. Transcript of what said, _____________ submitted, statements / determinations of the judge & the judgement(s) rendered

State Courts of Appeals Trial court cases appealed to this level Panel of judges that review an appeal in a

court of record Panel usually consists of no more than 3

judges Panel evaluates the record of the case and

then considers the attorneys’ oral and written _________________

No new __________ / No new ____________

State Supreme Court

Generally, this is the highest level of courts in the state, except in NYS (Court of Appeals)

_________ is the title given to the judges who sit on state supreme courts and the federal Supreme Court

Only cases that involve the most complex legal issues are taken to the justice

Decision is binding unless _________________ or Federal issues are involved. If so, the decision can be appealed to the USSC

State Courts with Specialized Jurisdiction

Associate Circuit Courts City or Municipal Courts Small Claims Courts Juvenile Courts Probate Courts

Associate Circuit Courts Courts below a state courts general jurisdiction Also known as __________________ Hear minor criminal cases, state traffic

offenses, and lawsuits in which relatively small amounts are involved (less than $______________)

Not courts of record Take a burden off higher courts, appeals from

their decisions can be taken to the ___________ courts for a trial on the record

City or Municipal Courts

Courts that administer a city’s ______________

Usually divided into traffic and criminal divisions

Less serious violations occurring within _________ limits are brought before such municipal courts for their ________ trial

Result can be _________ to the circuit court level

Small Claims Courts Minor individual suits are heard Handle disputes in which small amounts,

generally $_________ or less are involved Attorneys are usually not allowed Judge hears the case without a jury or

formal rules of evidence Decisions of small claims court can be

_________ to the circuit court

Juvenile Courts

Juveniles are younger members of society (__-__yrs)

Juveniles are allowed their full constitutional rights, including the right to be represented by an ________

Juveniles usually receive sentences of ____________ rather than punishment

Possible determinations are: Release into the supervision of parents,

guardians, or governmental officials; placement in foster homes; and detention in correctional facilities

Probate Courts

Courts that administer ______ & ________ When someone passes away, their

property and other interests must be divided according to their wishes and the appropriate laws

Formal and complex procedure