Law for Business, 15e by Ashcroft Chapter 2: Courts and Court Procedures Law for Business, 15e, by Ashcroft, © 2005 West Legal Studies in Business, a Division of Thomson Learning

2.2 Chapter 2 Objectives  Explain the function of the courts.  Explain the relationships of the various courts in our society.  Describe the procedure for filing a lawsuit.  Describe the basic procedure for a jury trial.

2.3 The Court System  Functions of the court system  To interpret the law  To apply the law  If a conflict arises between a state statute and a federal statute, Federal statute takes precedence

2.4 Jurisdiction of Courts  The power or authority of a court to hear cases is called its jurisdiction.  Courts must have jurisdiction over the subject matter of the case and jurisdiction over the persons involved.

2.5 Venue  Venue is the proper location where a case is to be tried  Proper venue requires choosing the proper court  The right to a particular venue can be surrendered  In criminal cases venue is frequently changed by the court to try to give the defendant a fairer trial.

2.6 Federal Court System U. S. Supreme Court U. S. Court of Appeals Special Federal Courts Federal District Courts

2.7 State Court System State Supreme Court State Courts of Appeals State Courts of Original Jurisdiction Inferior Courts Small Claims

2.8 Court Officers Bailiff Sheriff Attorney Judge Clerk of Court

2.9 Procedures in Courts of Record Filing of suit Summons Defendant admits charges Defendant admits charges Defendant denies charges Defendant denies charges Discovery Trial

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