1. Business Law
Chapter 3
Court Systems

2. Hot Debate Anthony and Sarah
What alternative courses of action, other than filing a lawsuit can be taking.
Does Anthony have a duty to anyone legally or morally to a bring a lawsuit?

3. Forms of Dispute Resolution: Mediation and Arbitration
Dispute resolution-coming to an agreement without going to court
Litigate- takes dispute to court
Mediator-tries to develop a solution acceptable to both sides (Advisory role, ex.maybe you should try this)
Decision is not binding
Arbitrator-holds an informal hearing to determine what happened
Decision is legally binding – it will be upheld in court if neccessary
Cheaper than going to court

4. How do Courts settle Disputes?
Courts- governmental forum that administers justice under the law
Impartial and thorough procedures to make decisions.
Courts May:
1. Award damages
2. Award appropriate relief
3. Impose punishment

5. Types of Courts (State Level)
1. Trial Court- is where a dispute is first heard
Hears testimony
Reviews evidence
Reviews facts
Apply appropriate law according to facts
Conclusion is reached called:
Verdict-decision about case
Original jurisdiction-original power to decide the case

6. Trial Court Personnel Judge-officiant of the court
Lawyers-officers of the court
Clerks-schedule cases and keep records
Bailiff-summons witnesses, keep order, carry out judgements
Jury

7. Types of Court
2.Appellate Courts-Review decisions of lower courts when a party claims an error was made in lower court
There is no examination of new evidence from any source
No determination of facts (all levels of appellate courts)
Examine :
Transcripts-word for word record of what went on at trial
Appellate brief-written arguments on the issues of law submitted by attorneys

8. Appellate Courts Ruling is either: 1. Affirmed (upheld)
2.Reversed (overturned)
3.Amended (changed)
4.Remanded (sent back to trial court)

9. In Class Assignment
3-1 assessment 1-12 you do not have to use full sentences

10. Review in class assignment
Go over 1-12 last week 3-1 assesment

11. State Court Systems State Court systems is split up into 3 tiers
1. trial court – original jurisdiction
2.appellate layer
3.state supreme court
Why is our state system structured this way?
It follows the system structure of our federal government
Judicial branch
Executive branch
Legislative branch
It maintains proper checks and balances.

12. 1.State Trial Courts
State Trial Courts-courts with general original jurisdiction over criminal and civil cases
Also known as circuit courts and
Court of Record-because they keep an exact account of what goes on at trial
Other duties of State Trial Courts
review decisions of specialized courts or Associate Circuit Courts (ex. Small claims court)

13. Specialized State Courts
Also called County Courts
They hear minor criminal offenses, traffic offense and lawsuits. These courts take the burden off of trial courts
Small claims courts-handle disputes in which small amounts are involved
In Illinois-max amount $10,000
No jury, judge makes decisions
Municipal courts-usually divided into traffic and criminal divisions to deal with ordinances- they are not considered criminal laws

14. Specialized State Courts
Juvenile courts-involve persons under the age of 18
Emphasis is on rehabilitation, not punishment
These cases are not public knowledge
If rehabilitation fails, may be tried as an Adult (serious offenses)
Probate courts-administer wills and estates
Someone dies their property and other interest must be divided according to their wishes

15. 2.State Court of Appeals Reviews decisions determined by trial courts
All decisions made by trial court get at least 1 appeal to the state court to be filed in a timely manner
Panel of judges (3 judges)
Evaluate the case briefs submitted by the attorneys
No new evidence can be discussed

16. 2.State Court of Appeals
What happens if the law was applied incorrectly
They can apply the correct law to produce new results(amend)
They can send back for new trial to correct the error (remand)
They can throw the case out on incorrect procedures(overturn)
They can say the trial court was correct (uphold)

17. 3.State Supreme Courts
They handle the most complex legal issues that can not be resolved at appellate level.
Judges are called Justices (3 or more)
Examination of transcripts same as appellate level
Issues the final decision on matters appealed to them
If the Matter that involve the U.S. Constitution or Federal law it can be appealed 1 step further
Further appeal can go to U.S. Supreme Court (if federal question is involved)

18. In class assignment
Complete small claims worksheet

19. Federal Court System

20. Federal Court System History:
Article III of the United States Constitution (Federal Judiciary Act) created the Federal Court System
General jurisdiction-can hear almost any kind of case (criminal and civil)
Special jurisdiction-hears only one specific type of case

21. Federal Court System Federal Court systems is split up into 3 tiers
1. District Courts– general jurisdiction
2.appellate layer
3. United State supreme court
Why is our Federal system structured this way?
It follows the system structure of our United States Constitution
Judicial branch
Executive branch
Legislative branch
It maintains proper checks and balances.

22. 1.Federal District Courts
Lowest level of Federal system
General jurisdiction
First court to hear dispute (i.e. Trial court of the federal system)
Jurisdiction over:
1. Criminal cases that arrive over federal law
2. Interstate lawsuits, and foreign relations (hate crimes)
3. Civil cases Must exceed $75,000 in damages
Ex: whats your verdict-pg 52.
What court will it be held in Federal or State and why?

23. 2. Federal Court of Appeals
Have appellate jurisdiction over district courts
There are 13 Federal courts of appeals in the United States
12 of the 13 are circuit courts
Assigned by geographic area
The 13 is a Federal Circuit- which handles patent cases appealed out of district courts.

24. 3.U.S. Supreme Court Has both original and appellate jurisdiction
Main function is to act on appeals from appeals court.
Steps in U.S. appellate process
Determine if the case will be heard
Issue a Writ of certiorari-orders the lower court to turn over case records to the U.S.S.C for review
Decisions are final
Can only be overturned by a constitutional amendment

25. In class assignment
Pg and your legal vocabulary review legal concepts Pg 63 Case for legal thinking texas vs Johnson 1-3.

26. Chapter 3 Terms Mediator Arbitrator Court Trial court Verdict
Original jurisdiction
Clerk
Bailiff
Appellate court
Transcripts
General jurisdiction
Special jurisdiction
U.S. Supreme Court
County courts
Small claims court
Probate court