LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 3 Court Systems Forms of Dispute Resolution The Federal Court System State Court Systems

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 2 3-1Forms of Dispute Resolution GOALS Explain how disputes can be settled without going to court Name the different levels of courts and describe their jurisdictions and powers

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 3 DISPUTE RESOLUTION How can disputes be resolved without going to court?  Negotiate  parties meet face-to-face and try to settle a dispute  Mediator  independent third party brought in to help settle a dispute  tries to develop a solution acceptable to both sides of the dispute  gives suggestions for solution only  Arbitrator  holds informal hearing to determine facts  legally binding on both parties  can be enforced by courts if necessary

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 4 How do courts settle disputes?  Two levels 1.Trial 2.Appellate  Administer justice under the law  Award damages or other appropriate relief  Impose punishment – fine imprisonment DISPUTE RESOLUTION

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 5 How do courts settle disputes? Trial courts After all mediation has been exhausted, trial court is first to hear a dispute. 1.testimony 2.evidence 3.witnesses called to testify 4.two parties/sides 5.decision on facts and rule of law DISPUTE RESOLUTION

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 6 Trial courts, cont. Civil – plaintiff brings charges Criminal – government (state or federal) initiates case and serves as prosecutor Responding party in both civil and criminal is the defendant. DISPUTE RESOLUTION

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 7 How do courts settle disputes? Trial courts, cont. – steps in a trial 1.Opening Statement – Plaintiff/Prosecutor 2.Opening Statement – Defense 3.Direct Examination by Plaintiff/Prosecutor 4.Cross-Examination by Defense 5.Motions 6.Direct Examination by Defense 7.Cross-Examination by Plaintiff/Prosecutor 8.Closing Statement by Defense 9.Rebuttal Argument 10.Jury Instructions 11.Verdict: criminal = beyond a reasonable doubt civil = preponderance of the evidence, 51% of evidence must support plaintiffs claims DISPUTE RESOLUTION

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 8 DISPUTE RESOLUTION How do courts settle disputes?, cont. Appellate courts The ‘losing’ party of a trial presents arguments asking the court to review the decision of the trial court. The other party presents arguments supporting the trial courts decision. not always an available option no juries no witnesses no new evidence is presented only the lawyers and judges

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 9 DISPUTE RESOLUTION How do courts settle disputes?, cont. Appellate courts, cont. Error of Law Occurs when the judge makes a mistake as to the applicable law wrong instructions permitted evidence that should not have been allowed In cases involving minor errors of law the trial court decision will not be reversed

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 10 DISPUTE RESOLUTION How do courts settle disputes?, cont. Appellate courts, cont. Error of Law Occurs when the judge makes a mistake as to the applicable law wrong instructions permitted evidence that should not have been allowed In cases involving minor errors of law the trial court decision will not be reversed

LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 3 SLIDE 11 CHECKPOINT What are the two levels of courts, and what is the function of each? 1.Trial Courts – court of original jurisdiction 2.Appeals Courts – court of review, concerned with issues of law     