1. Law For Business And Personal Use
Chapter 4 -
The Court System

2. Resolving Disputes Privately
Many people litigate too quickly
Litigate: to take a dispute to court
Litigation Incurs costs, delays and difficulties
Alternatives to litigation between parties
Negotiation
Mediation
Use mediator: independent third party who tries to develop solution acceptable to both sides of dispute; non-binding
Arbitration
Use arbitrator: independent third party who makes binding decision in dispute
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3. Different Levels Of Courts
Governmental forum that administers justice under law
Decide civil and criminal cases
Trial court
Appellate court
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4. Trial Court Court of original jurisdiction
Power to hear case in full for first time
Judge, lawyers, juries and clerks are officers of court
Officers of the courts carry out judgments
In state court systems: sheriffs
In federal court systems: marshals
Hears witnesses testify
Considers presentation of other information
Ends in decision on case
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5. Appellate Court Reviews decisions of lower courts
Transcripts: verbatim records of what went on at previous trial
Concerned with errors of law not questions of fact
Appellate briefs: written arguments of issues of law
Does not hear witnesses or accept new evidence
Determines if lower court decision should be
Affirmed
Reversed
Amended
Remanded
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6. Origins Of Federal Court System
Congress has power to establish federal courts
Article III, Section 1, of U.S. Constitution gives Congress authority
Two types of jurisdiction
General: hears any kind of case
Special : hears only one specific type of case
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7. Jurisdiction Of Federal Courts
General jurisdiction
Federal district courts
Federal Court of Appeals
U.S. Supreme Court
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8. Federal District Courts
Lowest level of federal court
Has general jurisdiction over
Federal questions
Cases that arise under
Constitution
U.S. law
U.S. treaties
Lawsuits with diversity of citizenship over $75,000 in dispute
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9. Federal Courts Of Appeals
Appellate jurisdiction over
District courts
Specialized federal courts
Federal administrative agencies
13 Federal Courts of Appeal
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10. U.S. Supreme Court Writ of certiorari Original jurisdiction over cases
Order from Supreme Court to turn over record of case Supreme Court is reviewing
Original jurisdiction over cases
Affecting ambassadors, consuls, etc.
Involving states
Appellate jurisdiction over cases
On appeal from U.S. Courts of Appeals
Highest courts of states if federal law involved
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11. Structure of State Court System
Supreme court
Appeals court
Trial courts
Court of record: keeps exact account of what happens in trial
Specialized courts
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12. Specialized Limited Jurisdiction Courts
Juvenile courts
Individuals years old
Municipal courts
Administer city’s ordinances
Small claims court
Under $2,500
Probate: wills and estates
Associate circuit courts
Minor criminal cases and smaller lawsuits
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13. Juvenile Procedure Court of Special Jurisdiction
Minors under 17 in Illinois
Developed to look after minor’s interest
Purpose to rehabilitate not punish
Not confined with adults-Detention Facility
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14. Juvenile Court Special Language Juveniles can be tried as adults if:
No “Trial” instead “Hearing”
Not “Arrested” instead “Detained”
Not a “Criminal” instead “Juvenile Delinquent”
Juveniles can be tried as adults if:
Serious crimes
Mature enough to know it was wrong and understand the consequences
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15. Juvenile Proceeding Not open to the public Office of Judge
Parents and Witnesses Only
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