Dispute Resolution and the Courts LESSON 4-1 Dispute Resolution and the Courts G O A L S Explain how disputes can be settled without resort to the courts Name the different levels of courts and describe their powers Law for Business and Personal Use © South-Western Publishing

CAN DISPUTES BE RESOLVED PRIVATELY? Mediation Arbitration Law for Business and Personal Use © South-Western Publishing

MEDIATION Mediator tries to develop a solution acceptable to both sides of the dispute. The actions of a mediator are advisory—not binding. Law for Business and Personal Use © South-Western Publishing

ARBITRATION An arbitrator usually holds an informal hearing to determine what happened. The arbitrator’s decision is binding on both parties. The decision can be enforced by court order if necessary. Law for Business and Personal Use © South-Western Publishing

DIFFERENT LEVELS OF COURTS Trial courts Appellate courts Law for Business and Personal Use © South-Western Publishing

TRIAL COURTS A trial court is the first court to hear a dispute. A trial court has original jurisdiction over a case. Law for Business and Personal Use © South-Western Publishing

APPELLATE COURTS An appellate court reviews decisions of lower courts when a party claims an error was made during the previous proceeding. Appellate courts are concerned with errors of law rather than questions of fact Law for Business and Personal Use © South-Western Publishing

Federal Court System G O A L S LESSON 4-2 Identify the source of power of the federal courts Name the various levels of federal courts and describe their jurisdictions Law for Business and Personal Use © South-Western Publishing

ORIGINS OF OUR FEDERAL COURT SYSTEM Federal courts received their power from the Constitution. The Constitution granted Congress the power to establish courts inferior to the U.S. Supreme Court. Law for Business and Personal Use © South-Western Publishing

JURISDICTION OF THE FEDERAL COURTS Federal District Courts Federal Courts of Appeals United States Supreme Court Law for Business and Personal Use © South-Western Publishing

FEDERAL COURT SYSTEM United States Supreme Court State Supreme Courts Specialized Federal Courts Many Federal Agencies United States District Courts 13 United States Courts of Appeals (12 Circuit Courts) (1 Court of Appeals for the Federal Circuit) Law for Business and Personal Use © South-Western Publishing

State Court Systems G O A L S LESSON 4-3 Compare the structure of a typical state court with the structure of the federal courts Identify state courts of specialized jurisdiction Discuss the jurisdiction of the various typical state courts Law for Business and Personal Use © South-Western Publishing

STRUCTURE OF STATE COURT SYSTEMS State trial courts State courts of appeals State supreme courts Law for Business and Personal Use © South-Western Publishing

A TYPICAL STATE COURT SYSTEM Supreme Court Family Court Probate Court Criminal Court Juvenile Court Municipal Court Justice’s Court (The Court of a Justice of the Peace) Small Claims Court Trial Court (Of Original General Jurisdiction) Intermediate Appeals Court (In Populous States) Law for Business and Personal Use © South-Western Publishing

STATE COURTS WITH SPECIALIZED JURISDICTION Associate circuit courts City or municipal courts Small claims courts Juvenile courts Probate courts Law for Business and Personal Use © South-Western Publishing