IV. The Court System Chapter 4 The Court System Lesson Objectives 8/4/2019 Chapter 4 BHS Law Related Education Law I Chapter 4 The Court System IV. The Court System Lesson Objectives Analyze Methods of Alternate Dispute Resolution. Analyze the Structure of Court Systems and Define Different Types of Courts. Compare and Contrast the Structure of the Federal Court System and the Court System of The State of New Jersey.

A. Alternate Dispute Resolution CHAPTER 1 8/4/2019 Chapter 4 BHS Law Related Education Law I Chapter 4 The Court System A. Alternate Dispute Resolution Not all disputes have to be resolved in a court of law. Methods of alternate dispute resolution have been developed to ease the burden on the court system. The two primary methods of alternate dispute resolution are: Mediation Arbitration

A. Alternate Dispute Resolution CHAPTER 1 8/4/2019 Chapter 4 Slide 3 BHS Law Related Education Law I Chapter 4 The Court System A. Alternate Dispute Resolution MEDIATION A Mediator is appointed by the court and/or agreed to by the parties. The Mediator tries to develop a solution acceptable to both sides of the dispute. The actions of a mediator are advisory—not binding. 3

A. Alternate Dispute Resolution CHAPTER 1 8/4/2019 Chapter 4 Slide 4 BHS Law Related Education Law I Chapter 4 The Court System A. Alternate Dispute Resolution ARBITRATION An Arbitrator is appointed by the court and/or agreed to by the parties. An arbitrator usually holds an informal hearing to determine what the facts in dispute. The actions of an arbitrator are binding and may be enforced by court order. 4

B. Structure of the U.S. Court System CHAPTER 1 8/4/2019 Chapter 4 Slide 5 BHS Law Related Education Law I Chapter 4 The Court System B. Structure of the U.S. Court System The court system is responsible for all types of dispute resolution. Civil Cases-Disputes between individuals and corporations Criminal Cases-Disputes between people and society Courts derive their power from state constitution’s and the U.S. Constitution, respectively. The U.S. Court System has two components STATE COURT SYSTEMS FEDERAL COURT SYSTEM How do you know where to go? Jurisdiction is the authority given by law to a court to try cases and rule on legal matters. Jurisdiction 5

B. Structure of the U.S. Court System CHAPTER 1 8/4/2019 Chapter 4 Slide 5 BHS Law Related Education Law I Chapter 4 The Court System B. Structure of the U.S. Court System To navigate the court system you must determine which court has jurisdiction. Jurisdiction is determined by; The type of legal matter Geographic area State court jurisdiction covers disputes involving individuals who reside in the same state or violations of state law. Federal Court jurisdiction covers disputes involving a federal question of law OR disputes between individuals who reside in different states (Diversity of Citizenship) 6

B. Structure of the U.S. Court System CHAPTER 1 8/4/2019 Chapter 4 Slide 6 BHS Law Related Education Law I Chapter 4 The Court System B. Structure of the U.S. Court System The State and Federal Court systems have two different types of courts; TRIAL COURTS APPELLATE COURTS Each type of a court has different powers and responsibilities. TRIAL COURTS APPELLATE COURTS First court to hear a dispute Review decisions made by trial court judges Court of Original Jurisdiction Correct errors of law made by trial judge Juries and witnesses Do not disturb findings of fact by jury 7

B. Structure of Court Systems CHAPTER 1 8/4/2019 Chapter 4 Slide 9 BHS Law Related Education Law I Chapter 4 The Court System B. Structure of Court Systems Possible Rulings by an Appellate Court 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. 8

Appeals from State Supreme Courts Chapter 4 Slide 10 BHS Law Related Education Law I Chapter 4 The Court System C. The Federal Court System THE LAW OF THE LAND Appeals from State Supreme Courts United States Supreme Court Hears Appeals from District Courts United States Courts of Appeal Trial Courts of the Federal System United States District Courts* *NJ is included in the 3rd Circuit of the Federal Court System with PA, Del. And USVI.

C. The Federal Court System CHAPTER 1 8/4/2019 Chapter 4 Slide 11 BHS Law Related Education Law I Chapter 4 The Court System C. The Federal Court System The United States Supreme Court The United States Supreme Court is composed of a Chief Justice and eight Associate Justices. Total 9. Supreme Court Justices are nominated by the President and approved by the US Senate. The Chief Justice of the United States Supreme Court is… The Honorable John Roberts. 10

Chapter 4 The Court System Slide 12 BHS Law Related Education Law I Chapter 4 The Court System C. The Court System of New Jersey Highest Court in the State New Jersey Supreme Court Hears Appeals From Trial Courts Superior Court of New Jersey Appellate Division New Jersey Trial Courts Superior Court of New Jersey-Law Division Civil-Criminal-Family Local court Municipal Courts 11

The Supreme Court of New Jersey CHAPTER 1 8/4/2019 Chapter 4 Slide 13 BHS Law Related Education Law I Chapter 4 The Court System C. The Court System of New Jersey The Supreme Court of New Jersey The New Jersey Supreme Court is composed of a Chief Justice and six Associate Justices. Total 7 The Chief Justice of the Supreme Court of New Jersey is… The Honorable Stuart Rabner 12

The Supreme Court of New Jersey CHAPTER 1 8/4/2019 Chapter 4 Slide 14 BHS Law Related Education Law I Chapter 4 The Court System C. The Court System of New Jersey The Supreme Court of New Jersey The New Jersey Supreme Court is located in the Richard J. Hughes Justice Complex in Trenton. Supreme Court Justices are nominated by the Governor and confirmed by the State Senate. The mandatory retirement age is 70. 13

Municipal Court Chapter 4 The Court System 8/4/2019 Chapter 4 Slide 17 BHS Law Related Education Law I Chapter 4 The Court System C. The Court System of New Jersey Municipal Court The territorial jurisdiction of a Municipal Court extends only to the boundaries of its municipality. Municipal Courts have responsibility for motor vehicle and traffic violations, quasi-criminal offenses (i.e. disorderly and petty disorderly persons offenses), and municipal ordinance violations, including fish and game violations. Each municipality in NJ has its own court. 14

Township of Belleville Municipal Court CHAPTER 1 8/4/2019 Chapter 4 Slide 18 BHS Law Related Education Law I Chapter 4 The Court System C. The Court System of New Jersey Township of Belleville Municipal Court The Belleville Municipal Court is located in Town Hall on Washington Ave. Municipal Court Judges are private attorneys hired by the municipality usually on a part-time basis. The presiding Belleville Municipal judge is; The Honorable Karen Smith 15