Chapter 4 THE COURT SYSTEM

1
Chapter 4THE COURT SYSTEM

• Lesson 4-1
• Dispute Resolution and the Courts

2
Resolving Disputes Privately

• Litigate take disputes to court
• Mediator independent third party who tries to
  develop a solution acceptable to both sides of
  the dispute
• Decision does not bind the parties
• Arbitrator -- third party who holds an informal
  hearing to determine what happened
• Decision is binding, can be enforced by court
  order

3
Different Levels of Courts

• Court a governmental forum that administers
  justice under the law
• Follows impartial and thorough procedures to make
  decisions

4

• 2 Levels of Courts
• 1. Trial Courts first court to hear a dispute
• original jurisdiction authority to try the
  case the first time it is heard
• Judge, witnesses, clerks, sheriff or marshals,
  bailiffs and jury members
• 2. Appellate Courts reviews decisions of lower
  courts when a party claims an error was made in
  previous proceedings

5
Trial Court Participants

• Witness testify about trial
• Lawyers officers of the court
• Juries decide issues of fact
• Clerk keeps calendar, records proceedings, and
  computes court costs
• Sheriffs (or deputies) serve as bailiffs (in
  state courts) summons witnesses, keep order in
  court and carry out judgments.
• At Federal Level Marshalls

6
Appellate Courts

• Panel of 3 judges
• do not hear witnesses
• generally do not accept new evidence
• concerned with error of law rather than
  questions of fact
• Appellate courts examine the transcript (verbatim
  record of what went on at a trial)
• Read appellate briefs (written arguments on the
  issues of law)
• Decide if decision of lower court will be
• 1. affirmed (upheld)
• 2. reversed (overturned)
• 3. amended (changed)
• 4. remanded (sent back to trial for corrective
  action or new trial)

7
Chapter 4THE COURT SYSTEM

• LESSON 4-2
• Federal Court System

8
3 Levels of Federal Courts

• Federal District Courts
• 2. Federal Courts of Appeals
• 3. U.S. Supreme Court

9
3 Levels of Federal Courts
(Cases involving Federal Law)
Specialized Federal Courts Tax Court, Court of
International Trade, Claims Court
10
Jurisdiction

• Power of a court to decide a case

Original jurisdiction authority to try the case
the first time it is heard General jurisdiction
authority to hear almost any kind of
case Special jurisdiction -- authority to hear
only one specific type of case Small Claims
Bankruptcy Court Appellate jurisdiction
authority to decide an appeal
11
Jurisdictionof the Federal District Courts

• Hear cases involving page 55
• Federal questions or cases that arise under the
  Constitution, U.S. Law, and U.S. treaties
• Lawsuits between citizens of different states
• Lawsuits between U.S. citizen and a foreign
  nation
• Lawsuits between U.S. citizen and a foreign
  citizens
• These parties have diversity of citizenship
• Must be more than 75,000 to be heard in federal
  courts
• Less than 75,000 case should be heard in state
  court

12

• 1. Federal District Courts
• -- Lowest level of court with general
  jurisdiction
• Trial court of the federal system first court
  to hear case
• 2. Federal Courts of Appeals
• 13 Federal Courts of Appeals
• Appellate jurisdiction over the district court
  can hear appeals from this court
• 3. United States Supreme Court
• -- Highest court in the land
• Both original and appellate jurisdiction
• Original jurisdiction cases affecting
  ambassadors, public ministers and consuls
• Appellate jurisdiction -- hears appeals from
  U.S. Court of Appeals and other high courts of
  various states
• Writ of certiorari an order that compels the
  state court to turn over the record of the case

13
Chapter 4THE COURT SYSTEM
LESSON 4-3 State Court System
14
Structure of State Court Systems

• State Trial Courts Original and general
  jurisdiction
• Court of Record keeps an exact account of what
  goes on at trial.
• State Court of Appeals panel of 3 judges
  review case
• State Supreme Courts Appellate and original
  jurisdiction
• Issue final decision unless federal issues or
  U.S. constitutional issues
• Justice the judge who sits on state supreme
  courts

15
State Court System
SUPREME COURT
INTERMEDIATE APPEALS COURT
16
State Courtswith Specialized Jurisdiction

• 1. Associate Circuit Courts or County Courts
  hear minor criminal cases, state traffic offense
  and lawsuits with small amounts involved.
• 2. City or Municipal Courts divided into
  traffic and criminal divisions hear violations
  that occur within city limits
• 3. Small Claims Court handles disputes in
  which small amounts, general 2,500 or less, are
  involved.
• 4. Juvenile Courts hear disputes involving
  juveniles
• emphasis on rehabilitation not punishment
• 5. Probate Courts administers wills and estates