1. Business Law
Chapter 3
Court Systems

2. Forms of Dispute Resolution
Lesson 3-1
Forms of Dispute Resolution

3. Can disputes be resolved privately?
Litigate-taking disputes to court (people do this too quickly)
Instead, try other methods first. Such as:
Negotiate a settlement privately among parties
Mediator-use of a advisory third party who tries to develop an acceptable solution
Arbitrator-informal hearing by a third part, decision is binding (sometimes required per contract prior to litigation)

4. Different Levels of Court
Court-governmental forum that administers justice under the law. May:
Award damages (civil)
Impose punishment (criminal)
Grant other appropriate relief

5. Trial Courts Reaches a verdict
First court to hear case (original jurisdiction)
Include :
Judge
Lawyers (officer of the courts)
Clerks-enter cases on court calendar, keep record of proceedings, and sometimes compute court costs
Bailiffs-sheriffs who summon witnesses, keep order, carry out judgments in state
Marshals-same duties at a federal level as bailiffs
Jury
Reaches a verdict

6. Appellate Courts Review decisions of lower courts
Do not hear witnesses or accept new evidence (usually)
Concerned with errors in law (not questions of fact)
Examine transcripts (word for word record)
Read appellate briefs (written arguments on issues of law)
Either:
Affirmed (upheld)
Reversed (overturned)
Amended (changed)
Remanded (sent back to trial court)

7. After 4.1 Quiz Who is Responsible For Sidewalk Repair?
Laws on who holds the responsibility of keeping sidewalks, curbs, planters, ramps, stairs, and walkways in good condition vary from city to city and state to state, but it is almost always the owner or tenant of said property who holds this responsibility. If the damage is the fault of a contractor it is up to them to repair it. If the city has caused the damage, then it is up to the city. In some cities or states, the government will repair the sidewalk on someone's property only if a city street tree is responsible for the damage. In some states, the city will also repair damage that causes drainage problems.
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8. Lesson 3-2
Federal Court System

9. Origins of our federal court system
Article III of the Constitution-gives power to judge certain criminal and civil matters on a system of federal courts.
Articles of Confederation did not allow for a Supreme Court
Federal Judiciary Act-ordained and established the U.S. Supreme Court and the circuit courts of appeals. (Passed while Washington was President)
A century later, federal district courts and specialized courts (taxes and bankruptcy) were established by Congress.

10. Jurisdiction of the federal courts
Three levels with general jurisdiction (federal district courts, federal courts of appeals, and the U.S. Supreme Court.)
Special jurisdiction-courts that hear only one type of case.

11. Federal District Courts
Lowest level (trial court)
Original jurisdiction over:
Federal questions
Cases that arise under the Constitution
U.S. law
U.S. treaties
Lawsuits between citizens of different states, U.S. citizen and a foreign nation, or U.S. citizen and a citizen of another nation (diversity of citizenship)
Must be at least $75,000 or litigated in state court

12. Federal Courts of Appeals
Appellate jurisdiction over district courts, certain specialized courts, and many federal administrative agencies
Refer to notes from 4.1 on appellate courts
13 federal courts of appeals
12 are circuit courts with assigned geographic area
One is dedicated to the federal circuit. Handles patent case appeals, special jurisdiction and bodies such as government agencies

13. U.S. Supreme Court
Appellate jurisdiction (most important function) and original for cases affecting ambassadors, other public ministers and consuls, cases where a state is a party
Writ of certiorari-compels a state court to turn over the record of the case to the Supreme Court for review
If sufficiently important constitutional issue

14. Jurisdiction over state supreme court cases are limited to questions regarding federal law of the Constitution.
Decisions of the USSC regarding the Constitution are final, can only be overturned by USSC or amendment in Constitution.

15. Current USSC Justices
Sonia Sotomayor Stephen G. Breyer Samuel A. Alito Elena Kagan Clarence Thomas Antonin Scalia
Chief Justice John G. Roberts Anthony Kennedy Ruth Bader Ginsburg

16. Assignment
Research a U.S. Supreme Court Justice. Outline the education and legal experience prior to Supreme Court appointment. Include when he/she was appointed as well as who appointed him/her.
Describe a case heard by the USSC. What was the decision and what comments were made by the Justice that you are researching. Why was this case important?
Create either a poster or a paper (MLA format) with your information. 
You MUST include your sources. (Do not use Wikipedia).

17. Lesson 3-3
State Court Systems

18. Structure of the state court systems
Three tier system like the federal system.

19. State Trial Courts
Called circuit courts- Have original jurisdiction. Also called superior courts, district courts, or courts of common pleas.
Courts of record-keeps an exact account. Includes transcripts, evidence, statements
Review decisions of courts of more specialized jurisdiction such as small claims, magisterial courts, etc. (not court of record due to no transcripts)
Jury

20. State Court of Appeals
Consists of a panel of judges (no more than three)
No new evidence
Determine if correct law was used
Can be sent back to state trial court to retry

21. State Supreme Court
Entitled to a trial and one appeal (if timely and use correct form)
Handle only most complex legal issues
Panel of three or more justices (IL 7 including a chief justice)
Final decision (unless federal issues or U.S. Constitution is involved)

22. Specialized or Minor Courts
Below the state trial court
Associate Circuit Courts (county courts) hear minor criminal cases, state traffic offenses, cases involving small amounts (usually < $25,000)
Not usually courts of record
Appeals can go to circuit court
City or municipal courts- divided into nontraffic and traffic.
Violating local ordinance is not a criminal offense. Only state and federal governments can make an act criminal.

23. Small Claims Court-small amount, no attorney necessary, no jury, can be appealed to circuit court. IL limit $10,000
Juvenile Court- (13-18) Goal is rehabilitation, not punishment. Can release to guardians or government officials, place in foster homes, or place in correctional facilities
Courtroom is closed, records are not open to public
Only tried as an adult for repeat offenders or serious crimes
Most of the time records are “sealed” when you reach age of majority

24. Probate Court-courts that administer wills and estates