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Chapter 4 THE COURT SYSTEM

Chapter 4 THE COURT SYSTEM. Lesson 4-1: Dispute Resolution and the Courts. Resolving Disputes Privately. Litigate – take disputes to court Mediator – independent third party who tries to develop a solution acceptable to both sides of the dispute Decision does not bind the parties

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Chapter 4 THE COURT SYSTEM

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  1. Chapter 4THE COURT SYSTEM Lesson 4-1: Dispute Resolution and the Courts

  2. Resolving Disputes Privately • Litigate – take disputes to court • Mediator – independent third party who tries to develop a solution acceptable to both sides of the dispute • Decision does not bind the parties • Arbitrator -- third party who holds an informal hearing to determine what happened • Decision is binding, can be enforced by court order

  3. Different Levels of Courts • Court – a governmental forum that administers justice under the law • Follows impartial and thorough procedures to make decisions

  4. 2 Levels of Courts: • 1. Trial Courts – first court to hear a dispute • original jurisdiction – authority to try the case the first time it is heard • Judge, witnesses, clerks, sheriff or marshals, bailiffs and jury members • 2. Appellate Courts – reviews decisions of lower courts when a party claims an error was made in previous proceedings

  5. Trial Court Participants • Witness – testify about trial • Lawyers – officers of the court • Juries – decide issues of fact • Clerk – keeps calendar, records proceedings, and computes court costs • Sheriffs (or deputies) – serve as bailiffs (in state courts) summons witnesses, keep order in court and carry out judgments. • At Federal Level – Marshalls

  6. Appellate Courts • Panel of 3 judges • do not hear witnesses • generally do not accept new evidence concerned with error of law rather than questions of fact • Appellate courts examine the transcript (verbatim record of what went on at a trial) • Read appellate briefs (written arguments on the issues of law) • Decide if decision of lower court will be: 1. affirmed (upheld) 2. reversed (overturned) 3. amended (changed) 4. remanded (sent back to trial for corrective action or new trial)

  7. Chapter 4THE COURT SYSTEM LESSON 4-2: Federal Court System

  8. 3 Levels of Federal Courts • Federal District Courts • 2. Federal Courts of Appeals • 3. U.S. Supreme Court

  9. 3 Levels of Federal Courts (Cases involving Federal Law) *Specialized Federal Courts – Tax Court, Court of International Trade, Claims Court

  10. Jurisdiction Power of a court to decide a case Original jurisdiction – authority to try the case the first time it is heard General jurisdiction – authority to hear almost any kind of case Special jurisdiction -- authority to hear only one specific type of case Small Claims – Bankruptcy Court Appellate jurisdiction – authority to decide an appeal

  11. Jurisdictionof the Federal District Courts Hear cases involving: page 55 • Federal questions or cases that arise under the Constitution, U.S. Law, and U.S. treaties • Lawsuits between citizens of different states • Lawsuits between U.S. citizen and a foreign nation • Lawsuits between U.S. citizen and a foreign citizens • These parties have diversity of citizenship • Must be more than $75,000 to be heard in federal courts • Less than $75,000 – case should be heard in state court

  12. 1. Federal District Courts -- Lowest level of court with general jurisdiction • Trial court of the federal system – first court to hear case 2. Federal Courts of Appeals • 13 Federal Courts of Appeals • Appellate jurisdiction over the district court – can hear appeals from this court 3. United States Supreme Court -- Highest court in the land Both original and appellate jurisdiction • Original jurisdiction – cases affecting ambassadors, public ministers and consuls • Appellate jurisdiction -- hears appeals from U.S. Court of Appeals and other high courts of various states • Writ of certiorari – an order that compels the state court to turn over the record of the case

  13. Chapter 4THE COURT SYSTEM LESSON 4-3: State Court System

  14. Structure of State Court Systems • State Trial Courts – Original and general jurisdiction • Court of Record – keeps an exact account of what goes on at trial. • State Court of Appeals – panel of 3 judges review case • State Supreme Courts – Appellate and original jurisdiction • Issue final decision unless federal issues or U.S. constitutional issues • Justice – the judge who sits on state supreme courts

  15. State Court System SUPREME COURT INTERMEDIATE APPEALS COURT

  16. State Courtswith Specialized Jurisdiction 1. Associate Circuit Courts or County Courts – hear minor criminal cases, state traffic offense and lawsuits with small amounts involved. 2. City or Municipal Courts – divided into traffic and criminal divisions; hear violations that occur within city limits 3. Small Claims Court – handles disputes in which small amounts, general $2,500 or less, are involved. 4. Juvenile Courts – hear disputes involving juveniles emphasis on rehabilitation not punishment 5. Probate Courts – administers wills and estates

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