4-1 Dispute Resolution and the Courts CHAPTER 4 1/15/2019 CHAPTER 4 Lessons The Court System 4-1 Dispute Resolution and the Courts 4-2 Federal Court System 4-3 State Court Systems Chapter 4

Dispute Resolution and the Courts CHAPTER 4 1/15/2019 LESSON 4-1 GOALS Dispute Resolution and the Courts Explain how disputes can be settled without resort to the courts Name the different levels of courts and describe their powers Chapter 4

CAN DISPUTES BE RESOLVED PRIVATELY? CHAPTER 4 1/15/2019 CAN DISPUTES BE RESOLVED PRIVATELY? Litigate – to resolve disputes in court Litigation is time-consuming and expensive Mediation – Mediator tries to develop a solution acceptable to both sides of the dispute. The actions of a mediator are advisory—not binding. Arbitration – informal hearing to determine what happened - The arbitrator’s decision is binding on both parties and the decision The decision can be enforced by court order if necessary. Chapter 4

CAN DISPUTES BE RESOLVED PRIVATELY? Arbitration / Mediation is encouraged to avoid: high costs time delays difficulties of a trial court Chapter 4

Arbitration / Mediation CHAPTER 4 1/15/2019 Arbitration / Mediation Chapter 4

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DIFFERENT LEVELS OF COURTS CHAPTER 4 1/15/2019 DIFFERENT LEVELS OF COURTS Trial courts Appellate courts Chapter 4

TRIAL COURTS A trial court is the first court to hear a dispute. CHAPTER 4 1/15/2019 TRIAL COURTS A trial court is the first court to hear a dispute. A trial court has original jurisdiction over a case. NJ – Superior Court Chapter 4

TRIAL COURTS (cont’d) Consists of judge and lawyers Consists of: CHAPTER 4 1/15/2019 TRIAL COURTS (cont’d) Consists of judge and lawyers Consists of: Clerks – enter cases on the court calendar, keep records of proceedings, compute courts costs Sheriffs/Bailiffs – summon witnesses, keep order in court, and take steps to carry out judgments Chapter 4

CHAPTER 4 1/15/2019 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 Appellate courts DO NOT hear witnesses and generally do not except new evidence Chapter 4

Chapter 4 Court Reporters

POSSIBLE APPELLATE COURT DECISIONS CHAPTER 4 1/15/2019 POSSIBLE APPELLATE COURT DECISIONS Affirm (uphold) the decision of the lower court  Reverse (overturn) the decision of the lower court Amend (change) the decision of the lower court Remand the case—send it back to the trial court for corrective action or possibly a new trial. Chapter 4

Identify the source of power of the federal courts CHAPTER 4 1/15/2019 LESSON 4-2 GOALS Federal Court System Identify the source of power of the federal courts Name the various levels of federal courts and describe their jurisdictions Chapter 4

ORIGINS OF OUR FEDERAL COURT SYSTEM CHAPTER 4 1/15/2019 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. Chapter 4

JURISDICTION OF THE FEDERAL COURTS Federal District Courts Federal Courts of Appeals United States Supreme Court Chapter 4

CHAPTER 4 1/15/2019 FEDERAL COURT SYSTEM Chapter 4

Chapter 4 Federal Court System

FEDERAL COURTS OF APPEALS CHAPTER 4 1/15/2019 FEDERAL COURTS OF APPEALS Appellate jurisdiction over: District courts Federal administrative agencies No appellate court, not even the USSC, can change the factual determinations of a jury Chapter 4

FEDERAL COURTS OF APPEALS (cont’d) CHAPTER 4 1/15/2019 FEDERAL COURTS OF APPEALS (cont’d) 13 Federal courts of appeal 12 are circuit courts – responsible for an assigned geographic area 13th is dedicated to the “federal circuit” Handles patent cases appealed out of the district court Handles appeals from federal courts with special jurisdiction Chapter 4

Chapter 4

GOALS State Court Systems LESSON 4-3 CHAPTER 4 1/15/2019 LESSON 4-3 State Court Systems GOALS 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 Chapter 4

STRUCTURE OF STATE COURT SYSTEMS CHAPTER 4 1/15/2019 STRUCTURE OF STATE COURT SYSTEMS State trial courts State courts of appeals State supreme courts Chapter 4

CHAPTER 4 1/15/2019 STATE TRIAL COURTS General original jurisdiction over both criminal and civil matters – circuit court Some other states may refer to them as superior courts, district courts, or courts of common pleas These all represent a court of record – an exact account of what goes on at trial Chapter 4

STATE TRIAL COURTS (cont’d) CHAPTER 4 1/15/2019 STATE TRIAL COURTS (cont’d) Review decisions of courts of more specialized jurisdiction under them They can retry cases to make a proper record Original jurisdiction Chapter 4

STATE COURTS OF APPEALS CHAPTER 4 1/15/2019 STATE COURTS OF APPEALS Usually consists of no more than three judges No new evidence can be introduced Similar to Federal Appellate court Chapter 4

A TYPICAL STATE COURT SYSTEM CHAPTER 4 1/15/2019 A TYPICAL STATE COURT SYSTEM Chapter 4

STATE COURTS WITH SPECIALIZED JURISDICTION CHAPTER 4 1/15/2019 STATE COURTS WITH SPECIALIZED JURISDICTION Associate circuit courts City or municipal courts Small claims courts Juvenile courts Probate courts Chapter 4

ASSOCIATE CIRCUIT COURTS CHAPTER 4 1/15/2019 ASSOCIATE CIRCUIT COURTS Minor criminal cases State traffic offenses Lawsuits in which small amounts are involved (no more than $25,000) Chapter 4

CITY OR MUNICIPAL COURTS CHAPTER 4 1/15/2019 CITY OR MUNICIPAL COURTS Divided into traffic and criminal divisions Ordinances are not considered criminal laws Only state and federal governments can make an act criminal Chapter 4

CHAPTER 4 1/15/2019 SMALL CLAIMS COURTS Handle cases involving small amounts ($2,500 or less) Attorneys are not required Judge hears case without a jury or formal evidence Decisions can be appealed to circuit courts Chapter 4

Ex-Glenbrook North senior gets supervision for hazing Chapter 4