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Agenda 1-22-14

Agenda 1-22-14. Objectives: Compare the structure of a typical state court system with the structure of the federal courts Explain the jurisdictions of the specialized courts in a typical state system Activities: D iscussion/ Notes Federal Court System State Court System.

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Agenda 1-22-14

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  1. Agenda 1-22-14 • Objectives: • Compare the structure of a typical state court system with the structure of the federal courts • Explain the jurisdictions of the specialized courts in a typical state system • Activities: • Discussion/ Notes • Federal Court System • State Court System

  2. CHAPTER 3Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems

  3. 3-1 Forms of Dispute Resolution • GOALS • Explain how disputes can be settled without going to court • Name the different levels of courts and describe their jurisdictions and powers Chapter 3

  4. DISPUTE RESOLUTION • How can disputes be resolved without going to court? • Litigate – allow a court to resolve their disputes • Mediator – 3rd party who helps develop a solution acceptable to both sides; advisory, not legally binding • Arbitrator – informal hearing, much like a mediator; hears both sides, makes legally binding decision, enforced by a court order Chapter 3

  5. DISPUTE RESOLUTION – How do courts settle disputes? Trial courts – court in which a dispute is first heard; trial court has original jurisdiction over the case Appellate courts – review decisions of lower courts when a party claims an error of law was made Do not make determinations of fact Focus solely on issues of law Read appellate briefs - written arguments on the issues of law Appellate courts decide if the decision of the lower court should be: Affirmed (upheld) Reversed (overturned) Amended (changed) Remanded (sent back to trial court for corrective action of possibly new trial Combination of the above Chapter 3

  6. Case Study #1 A group of securities investors signed agreements which required that any disputes between them and the investment group would be settled by submitting claims to binding arbitration rather than filing a lawsuit in court. When the investors’ investments went bad, they brought suit in court alleging fraud and unauthorized transactions in violation of the securities laws, in spite of their written agreement to submit the matter to arbitration. Should their case be heard in court? Chapter 3

  7. Case Study #2 Charlotte and John were married and had two children. John deserted his family, and Charlotte had not heard from him in eight years. Charlotte then filed for social security benefits for their children on the grounds that John was presumed dead. The Social Security Administration refused to pay the benefits because Charlotte had not proven John to be dead. Should she have to? Why or why not? Chapter 3

  8. 3-2 The Federal Court System • GOALS • Identify the source of power of the federal courts • Name the major federal courts and describe their jurisdictions and powers Chapter 3

  9. ORIGIN OF THE FEDERAL COURT SYSTEM • Judiciary Acts 1789 established: • U.S. Supreme Court • 13 district courts (1 for each colony) • Federal Courts of Appeal • Specialized courts Chapter 3

  10. JURISDICTION OF THE FEDERAL COURTS • General vs. specialized jurisdiction • general: can hear almost any kind of case • specialized: hears only one specific type of case • Federal District Courts • Federal Courts of Appeals • known as Appeals Court, Appellate Court, and Circuit Courts • United States Supreme Court Chapter 3

  11. FEDERAL COURT SYSTEM Writ of certiorari Chapter 3

  12. 3-3 State Court Systems • GOALS • Compare the structure of a typical state court system with the structure of the federal courts • Explain the jurisdictions of the specialized courts in a typical state system Chapter 3

  13. A TYPICAL STATE COURT SYSTEM • State trial courts • State courts of appeals • State supreme courts Chapter 3

  14. A TYPICAL STATE COURT SYSTEM Chapter 3

  15. CHECKPOINT    • What does a typical state court system have in common with the federal court system? Chapter 3

  16. STATE COURTS WITH SPECIALIZED JURISDICTIONS • Associate circuit courts • City or municipal courts • Small claims courts • Juvenile courts • Probate courts Chapter 3

  17. CHECKPOINT    • Name the typical state courts that have specialized jurisdiction. Chapter 3

  18. PREVENTLEGALDIFFICULTIES • Be prepared . . . • To avoid expensive litigation should a dispute develop, when you enter a contract include a provision requiring the use of a mediator or an arbitrator. • To be sure of the rules and costs of any litigation that might develop under a legal document you sign, specify the jurisdiction in which such disputes must be resolved. Continued on the next slide Chapter 3

  19. PREVENTLEGALDIFFICULTIES • Know the facts about your state’s juvenile court system especially with respect to ages, rights, and sentencing options. • Have your parents see an attorney to make out a will and utilize other methods to avoid the expenses of probate. Chapter 3

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