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In The News… his-case-in-26-seconds-flat/vi-AAeYhpp?ocid=iehp being-shorted-on-drug-deal-gets-arrested/vp-AAeYt7g?ocid=iehp laundry-used-their-toothrush-and-fed-their-cats/vp-AAf0htO?ocid=iehp homeowner-caught-on-camera/vp-AAeYtoZ?ocid=iehp same-night/371357/
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Hot Debate AJ works as a junior designer at a large fashion house called Berentinos. After two years on the job, AJ learns that his co-worker Sarah earns 35% more than he does. AJ and Sarah were hired at the same time and have exactly the same job. AJ has five more years experience in the field than Sarah does. AJ discussed his concern with Tom, one of his colleagues. Tom commented that such discrimination against males has long been the rule at Berentinos. AJ loves his work but can’t help feeling he is being treated unfairly. What alternative courses of action, other than filing suit in court, might AJ utilize to bring about a resolution of the issue?
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Chapter 3, Court Systems 3-1 Forms of Dispute Resolution
3-2 The Federal Court System 3-3 State Court Systems
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Lesson 3-1 Forms of Dispute Resolution
GOALS: Explain how disputes can be settled without going to court. Name the different levels of courts and describe their jurisdictions and powers.
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Dispute Resolution How Can Disputes Be Resolved Without Going to Court?
Litigate – to take disputes to court. Negotiate – reach a mutually acceptable solution, Mediation – Mediator tries to develop a solution acceptable to both, Actions are Advisory… They Do NOT Bind Parties. Arbitration – Arbitrator holds an informal hearing to determine what happened. Decision IS Binding on Both Parties. Arbitration provisions can be included in agreements.
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What’s Your Verdict? 7-Eleven sells franchises for stores bearing its name. The franchise agreement specifies that disputes between 7-Eleven and those who buy a franchise should be settled by arbitration rather than by a trial in court. Can 7-Eleven compel its franchisees to use Arbitration instead of Litigation?
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What’s Your Verdict? Bill and Amy Turner ran Out of This World Destinations, a tour business, in Roswell, New Mexico. As their business required them to enter into numerous agreements for meals, lodging, event tickets, and other travel expenses, the Turners put a term in all their contracts requiring that disputes involving more than $500 be resolved by arbitration instead of by a court of law. Is the term requiring Arbitration enforceable?
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How Do Courts Settle Disputes?
Court – governmental forum that administers justice under the law. Courts decide Civil disputes and Criminal cases. A court may award damages in civil cases, impose punishment in criminal cases, or grant other appropriate relief. The 2 levels of courts are Trial and Appellate.
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TRIAL Courts A Trial Court – is the first court to hear a dispute.
It has Original Jurisdiction over a case, (has power to make initial decision of fact and law). Witnesses Testify, Review Evidence Verdict – decision in the case Trial courts – Consists of - Judge, Lawyers, Clerks (enter cases on calendar, keep records of proceedings, and sometimes compute court costs), Sheriffs, or their deputies- bailiffs, summon witnesses, keep order in court, and take steps to carry out judgments in the state court systems, Marshals have these duties in the federal court system, and Juries are citizens sworn by a court to decide issues of fact in court cases.
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APPELLATE Courts Do Not hear witnesses, nor accept new evidence,
Reviews decisions of lower courts when a party claims an error was made during the previous proceeding. Do Not hear witnesses, nor accept new evidence, AC - concerned with ERRORS of Law. AC – examine transcripts (verbatim record of trial), read appellate briefs (written arguments by attorneys), listen to attorney’s oral arguments and may question attorneys about case, and FINALLY…decide whether the decision of the lower court should be Affirmed (upheld), Reversed (overturned), Amended (changed), or Remanded (sent back to the trial court for corrective action or possibly a new trial).
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Activities: Questions & Cases ttbk pg. 51 Study Tools Complete 3-1 Reteach Puzzle Complete 3-1Lesson Quiz
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Lesson 3-2, The Federal Court System
GOALS: Identify the source of power of the federal courts Name the major federal courts & describe their jurisdictions and powers
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Origin of the Federal Court System
The federal courts received their power from the Constitution. However, the Constitution granted Congress the power to establish courts inferior to the U.S. Supreme Court
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Jurisdiction of the Federal Courts
3 levels of federal courts with General Jurisdiction (can hear almost any kind of case): System Illustration pg. 53 Federal (U.S.) District Courts – lowest level, trial court. Have original jurisdiction over… Federal Courts of Appeals – power is exercised when the result of a case in a lower court is appealed by one party. U.S. Supreme Court –has original & appellate jurisdiction, If USSC believes that a case contains a constitutional issue, it will issue to the last court a writ of certiorari. Special Jurisdiction – hears only 1 specific type of case
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What’s Your Verdict? Susan Bean, a citizen of Illinois, sued Willis Turk, a citizen of the state of Colorado, for the breach of a construction contract on Bean’s new Chicago residence. More than $600,000 was at stake. Bean filed the suit in Illinois state court. Turk filed a motion to remove the case to the federal courts. Will the case be heard in federal or state court?
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Activities: Questions & Cases ttbk pg. 54 Study Tools Complete 3-2 Reteach Card Acty Complete 3-2Lesson Quiz
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Lesson 3-3, State Court Systems
State legal system resembles the Federal System. General Jurisdiction organized into 3 tiers: (Illustration Textbook, pg. 56) Geographically based Trial-Court System, Appellate layer, both are controlled/supervised by: State Supreme Court
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State Courts w/ Specialized Jurisdiction
Associate Circuit/county courts – lower layer of courts below main courts of general original jurisdiction. Takes a significant burden off the higher courts, Can appeal to circuit court level for a trial on record, Hears minor criminal cases, state traffic offenses, & lawsuits (no more than $25,000) City or Municipal Courts – Administer their own ordinances, Divided into 2 divisions: traffic & criminal, Can be appealed to the circuit court level.
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State Courts w/ Specialized Jurisdiction, Con’t…
Small Claims Court – Hears minor individual lawsuits, small amounts, $2,500 or less. Generally no attorneys, no jury, & no formal rules for evidence, Can be appealed to the circuit court level. Juvenile Court – Special court for young members of society, typically under 18, Juvenile is entitled to their constitutional rights, Emphasis is generally on Rehabilitation, not punishment. Possibilities: foster home, detention in correctional facility. If Rehab. fails can be tried/punished as an adult (serious offense) Records are not open to the public. Probate Court – Administer wills and estates
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What’s Your Verdict? When Simon withheld the security deposit after Annie moved out of her apartment, Annie sued him in small claims court to get it refunded. When she lost, she told her friend that she would appeal it directly to the U.S. Supreme Court. Can she do so?
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What’s Your Verdict? Reid, age 15, was detained by the police for shoplifting and was referred to juvenile court. Will Reid be treated differently in juvenile court than in an adult criminal court?
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What’s Your Verdict? At five years of age, Sheila began attending a small private school in her community. Ten years later, the school closed down due to lack of funding. Sheila then enrolled in the local public school. She was told she would have to take one additional year of courses required at the public school that were not properly covered in the curriculum of her previous school. Sheila asked the school board to waive the requirement and argued that she had taken the standard state tests in each of the classes and passed with flying colors. The school board refused, and Sheila sued in the state circuit court but lost. She now plans to appeal the issue to the U.S. Supreme Court. Will her appeal be heard?
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What’s Your Verdict? Chase, age 15, violated his states’ anti-hacking law by hacking into his high school’s central grading system. He was caught and referred to a juvenile court’s jurisdiction rather than a regular trial court’s jurisdiction. Will he be treated differently under the juvenile court’s jurisdiction?
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Agree or Not??? Why are juvenile court records sealed? Do you Agree or Disagree with this?
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Do you still AGREE? At age 17, Horace was brought before the juvenile court charged with child molestation. He was convicted and, as a juvenile, was sentenced to probation in a foster home. While in the home, he was again caught and tried for the same offense. Again, he was tried as a juvenile. Now he is 18 and about to live on his own in an area in which many children of the same age that he has been charged with molesting also live. Horace’s probation officer realizes that Horace has not been rehabilitated and is a potential danger to the neighborhood’s young. The law requires that the juvenile’s record remain closed to that the individual may begin a new life free and clear of past mistakes. What should the probation officer do?
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Activities: Analyze Map – Law Brief, ttbk pg. 58 Questions & Cases ttbk pg. 59 Study Tools lesson 3-3 Complete 3-3 Reteach Unscramble Complete 3-3 Lesson Quiz Chapter Review Ttbk pgs ,
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