1. Law for Business and Personal Use © Thomson South-Western CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems

2. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 2 3-1 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 powers

3. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 3 Define Litigate-take their disputes to court Mediator-tries to develop a solution as advisory-not legally binding Arbitrator-informal hearing and is binding

4. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 4 Courts Court-governmental forum that administers justice under the law Trial courts-where a case is first heard. Applies what is learned and reaches a verdict, or decision. Trial courts have original jurisdiction (original deciding power) Consist of judge and lawyers (officers of the court) Other possible court personnel needed are clerks, sheriffs, bailiffs, and jury members

5. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 5 Courts Appellate courts-review decisions of lower courts when a party claims an error was made. Because appellate judges are not present to hear cases first hand, they are concerned solely with errors of the law. They examine transcripts – verbatim record of what went on at trial Will read appellate briefs (written arguments on the issues of law Will listen to attorneys’ oral arguments in support of these briefs No new evidence submitted

6. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 6 Courts Appellate Court judges will question attorneys about the case Those same judges will decide the following: Case should be “AFFIRMED”, or upheld “REVERSED”, or overturned “AMENDED”, or changed “REMANDED”, sent back to trial court for corrective action

7. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 7 COURT PERSONNEL Attorneys/Lawyers –officers of the court Clerks – enter cases on the court calendar Sheriffs serve as bailiffs – summon witnesses, keep order in court and carry out judgements in State Court Marshals have this duty in Federal Court Juries-citizens sworn by court to decide issues in court cases

8. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 8 FOCUS What two types of courts are used in our legal system to settle disputes?

9. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 9 What are the two levels of courts, and what is the function of each?

10. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 10 3-1 Reteach Word List litigate marshals sheriffs arbitrator clerk appellate trial court mediator first brief transcript

11. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 11 3-2 3-2 The Federal Court System GOALS Identify the source of power of the federal courts Name the various levels of federal courts and describe their jurisdictions

12. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 12 FOCUS What is a federal court?

13. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 13 Court History The Articles of Confederation did not allow for a Supreme Court (some citizens didn’t want it) It wasn’t until after George Washington’s inauguration Congress was granted the power to pass the Federal Judiciary Act.

14. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 14 ORIGIN OF THE FEDERAL COURT SYSTEM Judiciary Acts established: U.S. Supreme Court 13 district courts Federal Courts of Appeal Specialized courts

15. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 15 What is the source of power of the federal courts? Article III, Section I of the U.S. Constitution

16. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 16 JURISDICTION OF THE FEDERAL COURTS There are currently 3 levels of fed. Courts with general jurisdiction: Federal District Courts (lowest) Federal Courts of Appeals United States Supreme Court

17. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 17 FEDERAL COURT SYSTEM

18. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 18 FEDERAL COURTS INFORMATION (District Court ) Federal District Courts (trial court) Have original jurisdiction over Federal Questions, cases that arise under constitution (US Law, Treaties, Tariffs, etc.) Location Lawsuits between citizens of different states US Citizen Vs. Foreign Nation US Citizen Vs. Citizen of foreign nation (If a person meets this they have Diversity of Citizenship and the lawsuit must be over $75,000)

19. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 19 FEDERAL COURTS INFORMATION (Court of Appeals) Federal Court of Appeals No Appellate court can change the factual determination of a jury 13 Federal Courts of Appeal 12 are circuit courts responsible for an assigned geographic area Types of cases they handle Patent cases (appealed out of district courts) Appeals from Fed. Courts with special Jurisdictions

20. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 20 FEDERAL COURTS INFORMATION (United States Supreme Court) United States Supreme Court No Appellate court can change the factual determination of a jury Original Jurisdiction over cases affecting Ambassadors Public Minister Consuls That which a state is involved or party Appellate Jurisdiction Most important function Cases on appeal from the US Court of Appeals Cases on appeal from the highest courts of various states

21. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 21 Name the three levels of federal courts and describe the jurisdiction of each. Federal District Courts, Federal Courts of Appeals, and the United States Supreme Court

22. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 22 3-3 3-3 State Court Systems What’s Your Verdict? Sheila had a beautiful apartment with a view of the harbor. After she had lived there several years, her landlord gave her and the other tenants 30 days notice to vacate. She sued to prevent the mass evictions. After losing in the state trial court, she vowed to appeal the issue directly to the U. S. Supreme Court. Can she do this?

23. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 23 3-3 3-3 State Court Systems GOALS Compare the structure of a typical state court system with the structure of the federal courts Identify typical state courts of specialized jurisdiction

24. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 24 State Trial Courts In most states, courts with general original jurisdiction over BOTH criminal and civil matters are known as circuit court They are also known as: Superior Court District Court Court of Common Pleas Court of Record – keep an exact account of what goes on at trial. The following can be included: Transcript of what was said Evidence that was submitted Statements

25. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 25 FOCUS What is the primary difference between the federal court system and a state court system? Federal - Bankruptcy, international trade, tax court State - Probate, juvenile, family, small claims

26. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 26 State Trial Courts Also known as: Superior courts District Courts Courts of Common Pleas These are the courts of record in the state system. (ie. they keep an exact record of what goes on in a trial)

27. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 27 A TYPICAL STATE COURT SYSTEM State trial courts State courts of appeals No more than three judges State supreme courts Justices (judge) decide the matter Panel of three or more justices Issues final decisions, but if constitutional question of law is involved it can go to the U.S. Supreme Court

28. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 28 A TYPICAL STATE COURT SYSTEM

29. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 29 What does a typical state court system have in common with the federal court system?

30. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 30 STATE COURTS WITH SPECIALIZED JURISDICTIONS Associate circuit courts-traffic offenses, less than $25,000, not courts of record generally. AKA-County Courts City or municipal courts-Traffic and Criminal Small claims courts-$2,500 or less. Attorneys generally not required Juvenile courts-over 13 under 18 records not open to public Probate courts-Wills and Estates

31. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 31 Name the typical state courts that have specialized jurisdiction.

32. Law for Business and Personal Use © Thomson South-Western Chapter 3 Slide 32 Pg 58 A Question of Ethics Pg 59 Think Critically About Evidence (6-8)