Chapter 3 Court Systems Law in Society Ms. Baumgartner

3-1 Forms of Dispute Resolution how disputes can be settled without going to court different levels of courts and describe their powers

HOT DEBATE Read story What other courses of action (besides court) might he be able to use?

FORMS OF DISPUTE RESOLUTION How can disputes be resolved without going to court? Many people decide too quickly to litigate Sometimes, it is better for both parties to negotiate a settlement themselves Together they reach solution face-to-face

Dispute Resolution As an alternative to face-to-face, parties invite an independent 3rd party to act as a mediator (not legally binding) Or hire an arbitrator to determine what happened (decision is legally binding)

If those 3 methods don’t work out for you, you will take the dispute to court Courts decide disputes between private individuals and try criminal cases A court may award damages or order other appropriate relief in resolving private disputes In criminal cases, punishment (imprisonment and/or worse) may be ordered by the court

Dispute Resolution Two levels of courts are involved in deciding a dispute: Trial courts Must reach a verdict Trial courts have original jurisdiction over cases Appellate courts Examine the transcript They also read appellate briefs

Role-play courtroom positions/duties What 2 types of courts are used in our legal system to settle disputes? 3-1 Assessment #1-12 (With Teacher) Role-play courtroom positions/duties

3-2 The Federal Court System Identify the source of power of the federal courts Name the major federal courts and describe their jurisdiction and powers

JURISDICTION OF FEDERAL COURTS There are 3 levels of federal courts with general jurisdiction (VS specialized jurisdiction) Federal district courts Federal court of appeals U.S. Supreme Court Can issue a writ of certiorari

3-2 Assessment # 1-7 Create diagram of Federal Court System (3 levels and how they’re connected)

3-3 State Court Systems Compare the structure of a typical state and federal court system Explain the jurisdictions of the specialized courts

What’s Your Verdict? Sheila had a beautiful apartment with a view of the lake. After she had lived there several years, her landlord gave her and the other tenants of the apartment building 30 days to vacate. Sheila sued to prevent the mass evictions. After losing the state trial, she wanted to take the issue to the U.S. Supreme Court. Can she do this?

A Typical State Court System A typical state legal system resembles the federal system State legislature MAKES laws, state executive branch ENFORCES laws, state judicial branch holds courts (3 tiers) State trial courts (circuit courts) * State court of appeals * State Supreme Court (controls **)

State Trial Courts Courts with jurisdiction over criminal and civil cases (also known as circuit courts, district courts or courts of common pleas) A court of record keeps an exact account of what goes on at a trial Accuracy is VITAL Things included: transcript, evidence, statements, verdicts/judgements

State Court of Appeals An appeal from a court of record is reviewed by a panel of judges Panel consists of no more than 3 judges State appellate panel evaluates the case record and listen to arguments No new evidence can be introduced Judges make sure that judges at lower level used correct law to resolve case If not, they apply correct law

State Supreme Courts Cases that involve the most complete legal issues Justice is the person who sits on cases Panel of three or more justices review cases on appeal State supreme courts issue final decision If constitutional/federal question of law, further appeal goes to U.S. Supreme Ct State supreme court has original jurisdicion over impeachment cases

State Courts w/ Specialized Jurisdictions Below the trial courts (circuit courts in most states) are courts with specialized jurisdiction (powers): Associate circuit (county courts) – hear minor criminal cases, traffic offenses, lawsuits under $25,000 Municipal courts – administer ordinances Small claims – handle disputes in small amounts, less than $2,500 (attorneys not required) Juvenile – 13-18 years of age (in most states), focuses on rehabilitation instead of punishment Probate courts - courts that administer wills and estates according to the deceased's wishes

Juvenile Courts cont. Society typically believes that juveniles should not be held as responsible as adults for their criminal acts Released into parental custody, foster home placement, detention in correctional facilities Juvenile records are sealed to the public and courtroom is closed during the informal hearing Age tried as an adult in AL = ???

Let’s check out this article…what do you think? Read: QUESTION OF ETHICS (p57) Complete 3-3 Assessment 1-6 Complete Chapter 3 Assessment 1-11,19,21,23,24