Law For Business And Personal Use Chapter 4 - The Court System

Resolving Disputes Privately Many people litigate too quickly Litigate: to take a dispute to court Litigation Incurs costs, delays and difficulties Alternatives to litigation between parties Negotiation Mediation Use mediator: independent third party who tries to develop solution acceptable to both sides of dispute; non-binding Arbitration Use arbitrator: independent third party who makes binding decision in dispute The Court System 2

Different Levels Of Courts Governmental forum that administers justice under law Decide civil and criminal cases Trial court Appellate court The Court System 3

Trial Court Court of original jurisdiction Power to hear case in full for first time Judge, lawyers, juries and clerks are officers of court Officers of the courts carry out judgments In state court systems: sheriffs In federal court systems: marshals Hears witnesses testify Considers presentation of other information Ends in decision on case The Court System 4

Appellate Court Reviews decisions of lower courts Transcripts: verbatim records of what went on at previous trial Concerned with errors of law not questions of fact Appellate briefs: written arguments of issues of law Does not hear witnesses or accept new evidence Determines if lower court decision should be Affirmed Reversed Amended Remanded The Court System 5

Origins Of Federal Court System Congress has power to establish federal courts Article III, Section 1, of U.S. Constitution gives Congress authority Two types of jurisdiction General: hears any kind of case Special : hears only one specific type of case The Court System 6

Jurisdiction Of Federal Courts General jurisdiction Federal district courts Federal Court of Appeals U.S. Supreme Court The Court System 7

Federal District Courts Lowest level of federal court Has general jurisdiction over Federal questions Cases that arise under Constitution U.S. law U.S. treaties Lawsuits with diversity of citizenship over $75,000 in dispute The Court System 8

Federal Courts Of Appeals Appellate jurisdiction over District courts Specialized federal courts Federal administrative agencies 13 Federal Courts of Appeal The Court System 9

U.S. Supreme Court Writ of certiorari Original jurisdiction over cases Order from Supreme Court to turn over record of case Supreme Court is reviewing Original jurisdiction over cases Affecting ambassadors, consuls, etc. Involving states Appellate jurisdiction over cases On appeal from U.S. Courts of Appeals Highest courts of states if federal law involved The Court System 10

Structure of State Court System Supreme court Appeals court Trial courts Court of record: keeps exact account of what happens in trial Specialized courts The Court System 11

Specialized Limited Jurisdiction Courts Juvenile courts Individuals 13-18 years old Municipal courts Administer city’s ordinances Small claims court Under $2,500 Probate: wills and estates Associate circuit courts Minor criminal cases and smaller lawsuits The Court System 12

Juvenile Procedure Court of Special Jurisdiction Minors under 17 in Illinois Developed to look after minor’s interest Purpose to rehabilitate not punish Not confined with adults-Detention Facility The Court System 13

Juvenile Court Special Language Juveniles can be tried as adults if: No “Trial” instead “Hearing” Not “Arrested” instead “Detained” Not a “Criminal” instead “Juvenile Delinquent” Juveniles can be tried as adults if: Serious crimes Mature enough to know it was wrong and understand the consequences The Court System 14

Juvenile Proceeding Not open to the public Office of Judge Parents and Witnesses Only The Court System 15