Chapter 4

1. What would likely happen to Anthony if he turns to the courts for help in ending the discrimination? 2. Does Anthony have a duty to anyone, legally or morally, to bring such a lawsuit?

 Can 7-Eleven compel its franchisees to use arbitration instead of litigation?

 7-Eleven can require buyers of its franchises to use arbitration. By using negotiations, mediation, or arbitration, the disputing parties may avoid the costs, delays, and difficulties of a court trial.

 Many people to decide to quickly to litigate- or take their disputes to court.  When one person injures another or fails to keep a binding agreement, the parties should first try to negotiate a settlement themselves.

MediatorArbitrator  Tries to develop a solution acceptable to both sides of the dispute.  Does NOT bind the parties  Usually holds an informal hearing to determine what happened  DOES bind the parties

 Why is a court necessary in this situation?

 A court was necessary to decide whether Doyle was telling the truth and whether the blocked sign would be a valid defense.

 A court can be defined as governmental forum that administers justice under the law.  A court may impose punishment, award damages, and/or grant appropriate relief.  There are two levels of courts 1. Trial Courts 2. Appellate Courts  The court system consisting of trial courts, appellate courts, and a supreme court is found at the state and federal levels.

 First court to hear a dispute, it has original jurisdiction over a case  Witnesses testify and other information is presented to prove the alleged facts  Trial court consists of a judge, lawyers (officers of the court), clerks, sheriffs or marshals, bailiffs, and jury members.  In the state court system, it’s the sheriff’s duty to summon witnesses, keep order in court, and take steps to carry out judgment.  Marshalls have these duties in the federal court systems

 Reviews decisions of lower courts when a party claims an error was made during the previous proceedings.  Concerned with errors of law rather than questions of fact  Examine transcripts  They decide whether the decision of the lower courts should be affirmed (upheld), reversed (overturned), amended (changed), or remanded (sent back to the trial court for corrective action or possibly a new trial)

 Who is correct?

 Both Jim and Marla are correct

 Should the case be heard in federal or state court?

 The Bean v. Turk Case should be tried in the federal courts. The case falls within the qualifications of the federal courts, which have priority in cases within their jurisdiction.

 There are 3 levels of federal courts with general jurisdiction: federal district courts, federal courts of appeals, and the U.S. Supreme Court.  A court with general jurisdiction can hear almost any kind of case.  A court with special jurisdiction hears only one specific type of case.  The state and federal legal system has three branches of government.

 Lowest level of federal court with general jurisdiction  Have original jurisdiction over lawsuits between citizens of different states and federal questions and/or more than $75,000 must be in dispute in federal diversity of citizenship lawsuits.

 There are 13 federal courts of appeals  They have appellate jurisdiction over the district courts, certain specialized federal courts, and many federal administrative agencies.

 The USSC issues the final decision on all matters of law appealed to them.

 Can she do so?

 Annie could not take her appeal directly to the U.S. Supreme Court, much less the state supreme court.

 The state court system consists of: State Trial Courts, State Court of Appeals, and the State Supreme Court.

 known as circuit courts  They review the decisions of or handle appeals from courts of more specialized jurisdiction under them.  In most cases, state trial courts actually retry the case to make a proper record for the purpose of potential appeals (court record).  Some cases will use a jury, while some cases are determined by the judge.

 The state court of appeals has a panel of no more than 3 judges  The panel evaluates the record of the case and hears the attorneys’ oral and written arguments.  No new evidence can be heard at this level  The panel will then make a decision, if the law was correct or not.  If it was correct the judgment would stand, if it was incorrect then in most cases, they would send it back down for a new trial.

 Only cases with the most complex legal issues are taken to the justices (title given to the judges who sit on state supreme courts and the Federal Supreme Court) of the state supreme court.  State supreme courts issue the final decision on matters of law appealed to them unless the U.S. Constitution or other federal issues are involved.

 Will Reid be treated differently in juvenile court than in an adult criminal court?

 Reid would not be treated as an adult. He would be entitled to a juvenile court hearing where his age and level of maturity would be considered.

 Courts that take care of specialized or relatively minor jurisdiction are as followed: associate circuit, municipal, small claims, juvenile, and probate courts.

 This court hears minor criminal cases, state traffic offenses, and lawsuits in which relatively small amounts are involved (usually no more than $25,000)

 Cities typically have courts that administer their ordinances  Municipal courts are usually divided into criminal and traffic divisions.  Less serious violations occurring within city limits are brought before such municipal courts for their first trial.

 Minor individual suits would not often be heard if not for the small claims courts.  These courts handle disputes in which small amounts, generally $2,500 or less, are involved.  Example: Judge Judy

 Juveniles are over 13 and under 18 years of age in most states.  Juveniles are in most cases, not convicted as an adult.  Courts ensure that most of the criminal cases involving juveniles do NOT become public knowledge.  The courtroom is closed while an informal hearing into the charges are being conducted.  Any records that are made on juvenile cases are NOT open to the public.  The emphasis for juveniles generally is on rehabilitation, NOT punishment.  court-to-hear-juvenile-cases.htm court-to-hear-juvenile-cases.htm

 Courts that administer wills and estates are called probate courts.  When individuals die, their property and other interests must be divided according to their wishes and the appropriate laws.