1. The Court System Business Law Mr. DelPriore

2. Privately Resolved Disputes  Don’t go to court too fast “I’ll sue you.” “I’ll see you in court.” “My daddy will sue your daddy.”  Litigate: Take disputes to court  Try to negotiate yourself

3. Privately Resolved Disputes  If you can’t, invite 3 rd party to resolve: Mediator: 3 rd party, develops solution  Tries to benefit both sides Arbitrator: 3rd party, holds hearing  His decision is BINDING  Can be enforced in court

4. Levels of Courts  Courts: Governmental forum Specialize in JUSTICE under the law Judiciary= interprets the law Decide criminal AND civil cases  May award damages (civil)  May impose punishment (criminal)

5. Levels of Courts Impartial, thorough Witnesses give testimony Accused party allowed equal time to argue Three levels of courts:  Trial court  Appellate  Supreme

6. Trial Courts  First court to hear a dispute Has ORIGINAL JURISDICTION  Witnesses testify  Information is presented  Consists of: Judge Lawyers (officers of the court) Clerks Sheriffs Bailiffs Jury Members

7. Court Jobs  Clerks: Enter cases on court calendar Keep records of proceedings Compute court costs  Sheriffs: Summon witnesses, keep order Called marshals in federal courts  Juries: Citizens sworn in to decide issues of fact

8. Appellate Courts  Reviews decisions of lower courts  When part claims an error made  Don’t hear witnesses  Don’t accept new evidence (norm)  Concerned with errors of law

9. Appellate Courts  Examine the TRANSCRIPT: Word-for-word record of trial  Read APPELLATE BRIEFS: Written arguments on the issues of law Submitted by the attorneys  Listen to oral arguments, question attorneys  Decide to: AFFIRM- uphold REVERSE- overturn AMEND- change REMAND (send back to trial court)

10. STOP: Review!  Complete Think About Legal Concepts (Page 54)

11. Federal Court System  Courts have general jurisdiction  Three levels of federal courts: Federal District Courts Federal Courts of Appeals U.S. Supreme Court  General jurisdiction= Can hear almost any type of case  SPECIAL JURISDICTION: Hears only one specific type of case Example: Divorce court

12. Federal District Courts  Lowest level of federal court  Trial court of the federal system  Determines facts of matter  Makes initial determination of law  Original jurisdiction over: Cases under the Constitution Lawsuits between citizens in diff. states  And citizens of a foreign nation Cases with more than $75,000 in dispute

13. Federal Court of Appeals  Appellate jurisdiction over district courts, specialized courts, and… Many federal administrative agencies  Don’t accept new evidence Or call witnesses  Review transcripts, written and oral arguments  No court can change jury decision Why?

14. Federal Court of Appeals  13 federal courts of appeal  Twelve are circuit courts Responsible for geographic area  13 th court dedicated to “Federal Circuit” Handles patent cases Handles appeals from special jurisdiction courts

15. United States Supreme Court  USSC  Has BOTH original AND appellate jurisdiction  Most important- appellate jurisdiction  If USSC feels case is VERY important: Will issue WRIT OF CERTIORARI  To the lower court  Demands court record of case to be turned over  Decisions can only be overturned by: USSC- itself A constitutional amendment

16. STOP: Review!  Complete Think About Legal Concepts (Page 57)

17. State Court System  Resembles federal system  State legislature makes the laws State judiciary interprets them  Three-tiered system: Trial courts (geographically) Appellate courts- appeals State Supreme Court

18. State Trial Courts  Circuit courts (or superior, district, court of common pleas)  Called “Courts of record” Keeps an exact account of what happens  Oral transcript, evidence, statements, determinations, judgment made, etc.  Uses a jury, unless one not requested Then, the judge makes determination  Applies law to the facts Makes decision

19. State Court of Appeals  Panel of judges No more than 3  Considers record of case And attorneys written, oral arguments NO NEW EVIDENCE  Check if errors of law were made If errors were made, may have new trial

20. State Supreme Courts  Most complex legal issues- HERE  Justice- judge title on Supreme Courts  Panel of 3 or more justices NO NEW EVIDENCE  Final decision on state matters of law Unless federal issues or U.S. Constitution is involved  Then, can go to the U.S. Supreme Court

21. Courts: Specialized Jurisdiction  BELOW circuit, superior state courts  Specialized (minor) jurisdiction  Associate Circuit Courts: AKA County courts Small criminal cases (less than $25k) NOT courts of record Help higher courts- less volume for them

22. More Specialized Courts  City/Municipal Courts Divided into traffic/criminal divisions Deal with local ordinances  Small Claims Courts Generally $2,500 or LESS Attorneys not allowed No jury, no formal rules of evidence Decisions can be appealed JUDGE JUDY is SMALL CLAIMS

23. More Specialized Courts  Juvenile Courts Aged 13-18= juveniles Belief: Shouldn’t be treated as adults SO, special courts were developed Emphasis on rehabilitation  NOT punishment Wide variety of decisions can be made Ensure doesn’t become public information  Courtroom is closed to the public

24. More Specialized Courts  Probate Courts: Administer wills and estates When people die- wealth is divided  Must be done lawfully! Creation and execution of wills  Divorce Courts Type of small claims court

25. STOP: Review!  Complete Think About Legal Concepts (Page 61)

26. Privately Resolved Disputes  Don’t go to court too fast “I’ll sue you.” “_____________________________.” “My daddy will sue your daddy.”  Litigate: Take disputes _________  Try to negotiate _______________

27. Privately Resolved Disputes  If you can’t, invite 3 rd party to resolve: Mediator: 3 rd party, develops solution  Tries to benefit _____________________ Arbitrator: 3rd party, holds hearing  His decision is ____________________  Can be ___________________________

28. Levels of Courts  Courts: Governmental forum Specialize in JUSTICE under the law Judiciary= ______________________ Decide _________ AND _______ cases  May award damages (civil)  May impose punishment (criminal)

29. Levels of Courts Impartial, thorough Witnesses give __________________ Accused party allowed equal time to argue Three levels of courts:  Trial court  __________________  Supreme

30. Trial Courts  First court to hear a dispute Has __________________________________  Witnesses testify  Information is presented  Consists of: Judge Lawyers (_____________ of the court) Clerks Sheriffs ______________ Jury Members

31. Court Jobs  Clerks: Enter cases on court calendar Keep records of ___________________ Compute court costs  Sheriffs: ________________________________ Called marshals in federal courts  Juries: Citizens sworn in to decide issues of fact

32. Appellate Courts  Reviews decisions of ____________  When part claims an ____________  Don’t hear ________________  Don’t accept new evidence  Concerned with errors of law

33. Appellate Courts  Examine the ____________________: Word-for-word record of trial  Read ___________________________: _____________________ on the issues of law Submitted by the attorneys  Listen to oral arguments, question attorneys  Decide to: AFFIRM- ______________ REVERSE- ________________ AMEND- ________________ REMAND- _____________________________

34. Federal Court System  Courts have general jurisdiction  Three levels of federal courts: Federal _________________________ U.S. Supreme Court  General jurisdiction= _______________________________  SPECIAL JURISDICTION: Hears only one specific type of case Example: Divorce court

35. Federal District Courts  _________________ of federal court  ____________ of the federal system  Determines facts of matter  Makes initial determination of law  Original jurisdiction over: Cases under the Constitution Lawsuits between citizens in diff. states  And citizens of a _____________________ Cases with more than $_____ in dispute

36. Federal Court of Appeals  Appellate jurisdiction over district courts, specialized courts, and… Many federal administrative agencies  Don’t accept new evidence Or _____________________________  Review transcripts, written and oral arguments  No court can change jury decision Why? _________________________________

37. Federal Court of Appeals  _____ federal courts of appeal  Twelve are circuit courts Responsible for ___________________  13 th court dedicated to “Federal Circuit” Handles patent cases Handles appeals from special jurisdiction courts

38. United States Supreme Court  __________  Has BOTH original AND appellate jurisdiction  Most important- ______________________  If USSC feels case is VERY important: Will issue ________________________________  To the lower court  Demands court record of case to be ___________  Decisions can only be overturned by: __________________ ________________________________________

39. State Court System  Resembles ____________________  State legislature makes the laws State judiciary interprets them  Three-tiered system: Trial courts (____________________) Appellate courts- appeals State Supreme Court

40. State Trial Courts  Circuit courts (or ________________ _______________________________)  Called “_______________________” Keeps an exact account of what happens  Oral transcript, evidence, statements, determinations, judgment made, etc.  Uses a jury, unless ______________ Then, the judge makes determination  Applies law to the facts Makes decision

41. State Court of Appeals  Panel of judges No more than ____  Considers record of case And attorneys written, oral arguments _______________________________  Check if errors of law were made If errors were made, may have new trial

42. State Supreme Courts  Most _____________________ HERE  __________- title on Supreme Courts  Panel of 3 or more justices _________________________________  Final decision on state matters of law Unless federal issues or U.S. Constitution is involved  Then, can go to the U.S. Supreme Court

43. Courts: Specialized Jurisdiction  BELOW circuit, superior state courts  Specialized (minor) jurisdiction  Associate Circuit Courts: AKA ___________________________ Small criminal cases (less than $_______) NOT ____________________________ Help higher courts- less volume for them

44. More Specialized Courts  City/Municipal Courts Divided into traffic/criminal divisions Deal with local ordinances  Small Claims Courts Generally $______________________ Attorneys _______________________ No jury, no formal rules of evidence Decisions can be appealed JUDGE JUDY is ___________________

45. More Specialized Courts  Juvenile Courts Aged __________= juveniles Belief: Shouldn’t be treated ___________ SO, special courts were developed Emphasis on rehabilitation  NOT ________________________________ Wide variety of decisions can be made Ensure doesn’t become public information  Courtroom is _________________________

46. More Specialized Courts  Probate Courts: Administer ______________________ When people die- wealth is divided  Must be done lawfully! Creation and execution of wills  Divorce Courts Type of small claims court