1. 4-1 Dispute Resolution and the Courts
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CHAPTER 4
Lessons
The Court System
4-1 Dispute Resolution and the Courts
4-2 Federal Court System
4-3 State Court Systems
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2. Dispute Resolution and the Courts
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LESSON 4-1
GOALS
Dispute Resolution and the Courts
Explain how disputes can be settled without resort to the courts
Name the different levels of courts and describe their powers
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3. CAN DISPUTES BE RESOLVED PRIVATELY?
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CAN DISPUTES BE RESOLVED PRIVATELY?
Litigate – to resolve disputes in court
Litigation is time-consuming and expensive
Mediation – Mediator tries to develop a solution acceptable to both sides of the dispute. The actions of a mediator are advisory—not binding.
Arbitration – informal hearing to determine what happened
- The arbitrator’s decision is binding on both parties and the decision The decision
can be enforced by court order if necessary.
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4. CAN DISPUTES BE RESOLVED PRIVATELY?
Arbitration / Mediation is encouraged to avoid:
high costs
time delays
difficulties of a trial court
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5. Arbitration / Mediation
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Arbitration / Mediation
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6. CHAPTER 4
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7. DIFFERENT LEVELS OF COURTS
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DIFFERENT LEVELS OF COURTS
Trial courts
Appellate courts
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8. TRIAL COURTS A trial court is the first court to hear a dispute.
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TRIAL COURTS
A trial court is the first court to hear a dispute.
A trial court has original jurisdiction over a case.
NJ – Superior
Court
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9. TRIAL COURTS (cont’d) Consists of judge and lawyers Consists of:
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TRIAL COURTS (cont’d)
Consists of judge and lawyers
Consists of:
Clerks – enter cases on the court calendar, keep records of proceedings, compute courts costs
Sheriffs/Bailiffs – summon witnesses, keep order in court, and take steps to carry out judgments
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APPELLATE COURTS
An appellate court reviews decisions of lower courts when a party claims an error was made during the previous proceeding.
Appellate courts are concerned with errors of law rather than questions of fact
Appellate courts DO NOT hear witnesses and generally do not except new evidence
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11. Chapter 4
Court Reporters

12. POSSIBLE APPELLATE COURT DECISIONS
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POSSIBLE APPELLATE COURT DECISIONS
Affirm (uphold) the decision of the lower court 
Reverse (overturn) the decision of the lower court
Amend (change) the decision of the lower court
Remand the case—send it back to the trial court for corrective action or possibly a new trial.
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13. Identify the source of power of the federal courts
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LESSON 4-2
GOALS
Federal Court System
Identify the source of power of the federal courts
Name the various levels of federal courts and describe their jurisdictions
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14. ORIGINS OF OUR FEDERAL COURT SYSTEM
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ORIGINS OF OUR FEDERAL COURT SYSTEM
Federal courts received their power from the Constitution.
The Constitution granted Congress the power to establish courts inferior to the U.S. Supreme Court.
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15. JURISDICTION OF THE FEDERAL COURTS
Federal District Courts
Federal Courts of Appeals
United States Supreme Court
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16. CHAPTER 4
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FEDERAL COURT SYSTEM
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17. Chapter 4
Federal Court System

18. FEDERAL COURTS OF APPEALS
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FEDERAL COURTS OF APPEALS
Appellate jurisdiction over:
District courts
Federal administrative agencies
No appellate court, not even the USSC, can change the factual determinations of a jury
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19. FEDERAL COURTS OF APPEALS (cont’d)
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FEDERAL COURTS OF APPEALS (cont’d)
13 Federal courts of appeal
12 are circuit courts – responsible for an assigned geographic area
13th is dedicated to the “federal circuit”
Handles patent cases appealed out of the district court
Handles appeals from federal courts with special jurisdiction
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20. Chapter 4

21. GOALS State Court Systems LESSON 4-3
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LESSON 4-3
State Court Systems
GOALS
Compare the structure of a typical state court with the structure of the federal courts
Identify state courts of specialized jurisdiction
Discuss the jurisdiction of the various typical state courts
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22. STRUCTURE OF STATE COURT SYSTEMS
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STRUCTURE OF STATE COURT SYSTEMS
State trial courts
State courts of appeals
State supreme courts
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STATE TRIAL COURTS
General original jurisdiction over both criminal and civil matters – circuit court
Some other states may refer to them as superior courts, district courts, or courts of common pleas
These all represent a court of record – an exact account of what goes on at trial
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24. STATE TRIAL COURTS (cont’d)
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STATE TRIAL COURTS (cont’d)
Review decisions of courts of more specialized jurisdiction under them
They can retry cases to make a proper record
Original jurisdiction
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25. STATE COURTS OF APPEALS
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STATE COURTS OF APPEALS
Usually consists of no more than three judges
No new evidence can be introduced
Similar to Federal Appellate court
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26. A TYPICAL STATE COURT SYSTEM
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A TYPICAL STATE COURT SYSTEM
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27. STATE COURTS WITH SPECIALIZED JURISDICTION
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STATE COURTS WITH SPECIALIZED JURISDICTION
Associate circuit courts
City or municipal courts
Small claims courts
Juvenile courts
Probate courts
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28. ASSOCIATE CIRCUIT COURTS
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ASSOCIATE CIRCUIT COURTS
Minor criminal cases
State traffic offenses
Lawsuits in which small amounts are involved (no more than $25,000)
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29. CITY OR MUNICIPAL COURTS
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CITY OR MUNICIPAL COURTS
Divided into traffic and criminal divisions
Ordinances are not considered criminal laws
Only state and federal governments can make an act criminal
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SMALL CLAIMS COURTS
Handle cases involving small amounts ($2,500 or less)
Attorneys are not required
Judge hears case without a jury or formal evidence
Decisions can be appealed to circuit courts
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31. Ex-Glenbrook North senior gets supervision for hazing
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