1. The Court System Lessons CHAPTER 4
4/1/2017
Chapter 4
CHAPTER 4
The Court System
Lessons
4-1 Dispute Resolution and the Courts
4-2 Federal Court System
4-3 State Court Systems

2. Dispute Resolution and the Courts
CHAPTER 4
4/1/2017
Chapter 4
LESSON 4-1
Dispute Resolution and the Courts
GOALS
Explain how disputes can be settled without resort to the courts
Name the different levels of courts and describe their powers

3. Chapter 4
Hot Debate
Anthony Destin – hired by Berentinos at the same time as co-worker, Sarah.
Anthony have five years more experience than Sarah

4. 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 – attempt by a neutral third party to achieve a compromise between two parties in a dispute
Arbitration – informal hearing to determine what happened

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MEDIATION
Mediator tries to develop a solution acceptable to both sides of the dispute.
The actions of a mediator are
advisory — not binding.

6. Chapter 4
ARBITRATION
An arbitrator usually holds an informal hearing to determine what happened.
The arbitrator’s decision is binding on both parties.
The decision can be enforced by court order if necessary.

7. DIFFERENT LEVELS OF COURTS
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DIFFERENT LEVELS OF COURTS
Trial courts
Appellate courts

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.

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 judgements

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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

11. APPELLATE COURTS (cont’d)
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APPELLATE COURTS (cont’d)
Examine transcript – a verbatim record of what went on at trial
Read appellate briefs – written arguments on the issues of law
These are submitted by opposing attorneys

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.

13. Federal Court System GOALS LESSON 4-2
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LESSON 4-2
Federal Court System
GOALS
Identify the source of power of the federal courts
Name the various levels of federal courts and describe their jurisdictions

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.
Article III - The Constitution granted Congress the power to establish inferior courts, as needed, to the U.S. Supreme Court.
also confers the power to judge certain criminal and civil matters in federal courts

15. FEDERAL COURT SYSTEM United States Supreme Court State Supreme Courts
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FEDERAL COURT SYSTEM
United States Supreme Court
State Supreme Courts
Specialized Federal Courts
Many Federal Agencies
United States District Courts
13 United States Courts of Appeals
(12 Circuit Courts)
(1 Court of Appeals for the Federal Circuit)

16. JURISDICTION OF THE FEDERAL COURTS
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JURISDICTION OF THE FEDERAL COURTS
3 Levels of Federal courts have general jurisdiction – can hear almost any kind of case
Federal District Courts
Federal Courts of Appeals
U.S. Supreme Court
Special jurisdiction – hears only one specific type of case

17. JURISDICTION OF THE FEDERAL COURTS
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JURISDICTION OF THE FEDERAL COURTS
Federal District Courts
Lowest level of federal court with general jurisdiction
Trial court of the federal system
Original jurisdictions over:
Federal questions that arise under the Constitution
Lawsuits between cities of different states, between a U.S. citizen and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation

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

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

20. Chapter 4
FEDERAL COURTS

21. U.S. SUPREME COURT Both original and appellate jurisdiction
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U.S. SUPREME COURT
Both original and appellate jurisdiction
Original jurisdiction handles:
Cases affecting ambassadors
Public ministers and consuls
Most important is it’s exercise of appellate jurisdiction
Cases on appeals from the U.S. Court of Appeals
Highest courts of the various states.

22. U.S. SUPREME COURT (cont’d)
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U.S. SUPREME COURT (cont’d)
Writ of certiorari – compels the state court to turn over the record of the case to the Supreme Court for review
Jurisdiction over state supreme court cases is limited
Federal question must arise based on a federal law or on the U.S. Constitution
Decisions made by the USSC are final and can only be overturned by the USSC or by an amendment to the Constitution

23. State Court Systems GOALS 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

24. 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

26. 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

27. 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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STATE SUPREME COURTS
A panel of three or more justices reviews the legal issues and listens to the attorneys’ oral arguments
Issue the final decision on matters of law appealed to them unless the U.S. Constitution or other federal issues are involved.
Original jurisdiction over state impeachment cases

29. A TYPICAL STATE COURT SYSTEM
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A TYPICAL STATE COURT SYSTEM
Supreme Court
Family Court
Probate Court
Criminal Court
Juvenile Court
Municipal Court
Justice’s Court
(The Court of a Justice of the Peace)
Small Claims Court
Trial Court
(Of Original General Jurisdiction)
Intermediate Appeals Court
(In Populous States)

30. 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

31. 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)

32. 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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Juvenile Court