Law For Business And Personal Use

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

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 2

Different Levels Of Courts • Court • Governmental forum that administers justice under law • Decide civil and criminal cases • Trial court • Appellate court 3

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 4

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 5

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 6

Jurisdiction Of Federal Courts • General jurisdiction • Federal district courts • Federal Court of Appeals • U.S. Supreme Court 7

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 8

Federal Courts Of Appeals • Appellate jurisdiction over • District courts • Specialized federal courts • Federal administrative agencies • 13 Federal Courts of Appeal 9

U.S. Supreme Court • Writ of certiorari • 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 10

Structure of State Court System • Supreme court • Appeals court • Trial courts • Court of record: keeps exact account of what happens in trial • Specialized courts 11

Specialized Limited Jurisdiction Courts • Juvenile courts • Individuals 13-18 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 12

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 13

Juvenile Court • Special Language • 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 14

Juvenile Proceeding • Not open to the public • Office of Judge • Parents and Witnesses Only 15

Law For Business And Personal Use