2. CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution
11/18/2018
CHAPTER 3 Court Systems
3-1 Forms of Dispute Resolution
3-2 The Federal Court System
3-3 State Court Systems

3. 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 powers
Chapter 3

4. FOCUS Trial and appellate
What two types of courts are used in our legal system to settle disputes?
Trial and appellate
Chapter 3

5. DISPUTE RESOLUTION
How can disputes be resolved without going to court?
Often best for both parties in a dispute to settle between themselves.
Costs less and if you settle yourself you might be able to get to a win-win solution.
Can use a mediator – independent third party to help develop a solution acceptable to both sides.
Mediator solutions are not legally binding
May hire an arbitrator – holds informal hearing to determine what happened.
Arbitrator decision is legally binding to both parties
Their decisions can be enforced by court order
It can be in a contract that you need to settle disputes by arbitration
Chapter 3

6. DISPUTE RESOLUTION How do courts settle disputes?
Court – a governmental forum that administers justice under the law
Decides disputes between private individuals and in criminal cases
May award damages or order other appropriate relief and impose punishment (fines/imprisonment) in criminal cases.
Courts are to be impartial and make decisions using thorough procedures.
Chapter 3

7. DISPUTE RESOLUTION Trial courts – court where dispute is first heard
Hears witnesses testify
Reviews evidence
Applies what it selects as appropriate law to reach the verdict (decision)
Has Original jurisdiction – original power to decide the case.
Members of trial court
Judge
Lawyers (officers of the court)
Clerks – keeps records of proceedings and computes court costs
Sheriffs serve as bailiffs who summon witnesses and keep order in the court and take steps to carry out judgments in the state court system. (Marshals in federal court)
Juries sworn by court to decide issues of facts
Chapter 3

8. DISPUTE RESOLUTION
Appellate courts – reviews decisions of lower courts when a party claims an error was made during the lower court’s proceedings.
They determine only with errors in law
They examine the transcript (verbatim record of the trial)
They read appellate briefs (written arguments on the issues of law submitted by the opposing attorneys)
They often listen to attorneys’ oral arguments
Judges can question the attorneys
Chapter 3

9. DISPUTE RESOLUTION
Appellate courts can decided whether the decision of the lower court was
Right (Uphold)
Should be reversed (Overturned)
Changed
Sent back to the trial court for corrective action or possibly a new trial. (Remanded)
Chapter 3

10. What are the two levels of courts, and what is the function of each?
Chapter 3