Dispute Resolution in the Court System

1. Chapter 3 Court Systems

2. 3-1 Forms of Dispute Resolution Dispute Resolution How Can Disputes be Resolved Without Going to Court? • When two parties decide to allow a court to resolve their disputes, litigation occurs. • Alternatives to litigation: • Mediator – an independent third party whose actions are advisory. • Arbitrator – holds informal hearings to determine what happened. The decision of an arbitrator is binding and can be enforced by a court.

3. 3-1 Forms of Dispute Resolution Dispute Resolution How Do Courts Settle Disputes? • A court is a governmental forum that administers justice under the law. • Courts decide disputes between private individuals • A court may award damages or order other appropriate relief in resolving private disputes • Courts try criminal cases • A court may impose punishment: fine or imprisonment

4. 3-1 Forms of Dispute Resolution Dispute Resolution TRIAL COURTS • A trial courtis the court in which a dispute is first heard. • Hears witnesses testify • Reviews pertinent evidence firsthand so as to determine the facts of a case • A verdict is reached: decision in the case • Because a trial court has the power to make initial decisions of fact and law, a trial court is said to have original jurisdictionover the case.

5. 3-1 Forms of Dispute Resolution Dispute Resolution TRIAL COURTS • Judge – chief officer • Lawyers – officer of the court • Clerks – enters cases on the court calendar, keeps records of proceedings • Sheriffs (Bailiffs) – summons witnesses, keeps order • Marshals – same duties as sheriffs in federal court • Jury – citizens sworn by a court to decide issues of fact in court cases.

6. 3-1 Forms of Dispute Resolution Dispute Resolution APPELLATE COURTS • An appellate court reviews decisions of lower courts when a party claims an error of law was made during the lower court’s proceeding. • Appellate jurisdiction is concerned solely with issues of law.

7. 3-1 Forms of Dispute Resolution Dispute Resolution APPELLATE COURTS • Appellate courts examine transcripts (verbatim records of what went on at trial. • They also read appellate briefs (written arguments on the issues of law, submitted by the opposing attorneys. • Appellate courts also listen to attorneys’ oral arguments and ask questions regarding the case.

8. 3-1 Forms of Dispute Resolution Dispute Resolution APPELLATE COURTS • Appellate courts examine transcripts (verbatim records of what went on at trial. • They also read appellate briefs (written arguments on the issues of law, submitted by the opposing attorneys. • Appellate courts also listen to attorneys’ oral arguments and ask questions regarding the case.

9. 3-1 Forms of Dispute Resolution Dispute Resolution APPELLATE COURTS Appellate court decision options: • affirmed (upheld) • reversed (overturned) • amended (changed) • remanded (sent back to trial)

10. 3-2 The Federal Court System Origin of the Federal Court System Article III Section 1 The judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from times to time ordain and establish. The Articles of Confederation did not allow for a Supreme Court.

11. 3-2 The Federal Court System Jurisdiction of the Federal Court System Levels of Federal Courts with General Jurisdiction: • Federal District Courts • Federal Court of Appeals • U.S. Supreme Court

12. 3-2 The Federal Court System Jurisdiction of the Federal Court System Federal District Courts • The lowest of federal courts with general jurisdiction – can hear almost any kind of case. • Has the power to hear facts and make initial determinations of the law to use in deciding the case.

13. 3-2 The Federal Court System Jurisdiction of the Federal Court System Federal District Courts • District Courts have original jurisdiction over the following cases: • federal questions, cases that arise under the Constitution, U.S. Law and U.S. treaties. • Lawsuits between citizens of different states – diversity of citizenship  • Lawsuits between a U.S. citizen and a citizen of a foreign nation – diversity of citizenship  • These diversity of citizenship cases must be is dispute of a minimum of $75,000. Otherwise a state court will decide the case.

14. 3-2 The Federal Court System Jurisdiction of the Federal Court System Federal Courts of Appeals • Has appellate jurisdiction over the district courts, certain specialized federal courts, and many federal administrative agencies • Do not accept any new evidence or call witnesses • There are 13 federal courts of appeal • 12 circuit courts • 1 dedicated to exclusive jurisdiction over specialized jurisdictions such as claims against the federal government, claims by veterans, trademark and patent appeals, government contract disputes.

15. 3-2 The Federal Court System Jurisdiction of the Federal Court System United States Supreme Court • Original Jurisdiction • Cases affecting ambassadors, other public ministers and consuls and those in which a state shall be party.

16. 3-2 The Federal Court System Jurisdiction of the Federal Court System United States Supreme Court • Appellate Jurisdiction • Limited to cases in which a federal question has ben brought out at the trial court level. • A decision by the USSC is final and can only be overturned by the USSC itself or by a constitutional amendment.

17. 3-2 The Federal Court System Jurisdiction of the Federal Court System United States Supreme Court • Appellate Jurisdiction • USSC can issue a writ of certiorani– an order that compels the lower court to turn over the record of the case for review.

18. 3-2 State Court Systems A Typical State Court System State Trial Courts

19. 3-2 State Court Systems A Typical State Court System State Trial Courts • Also known as circuit courts, these state courts are the court of record (criminal and civil) with general original jurisdiction. • State trial courts can also review the decisions of courts more specialized jurisdiction (small claims courts – not courts or record)

20. 3-2 State Court Systems A Typical State Court System State Trial Courts • Original jurisdiction means that a state trial court makes determinations of the facts. • A jury can be requested by the parties • Judge can determine the facts (bench trial)

21. 3-2 State Court Systems A Typical State Court System State Court of Appeals • An appeal from a court of record is typically reviewed by a panel of judges in a state court of appeals. • No new evidence can be introduced at this level. • State Supreme Court has original jurisdiction over most state impeachment cases. • Michigan State Supreme Court

22. 3-2 State Court Systems State Courts with Specialized Jurisdictions Associate Circuit Courts • Also known as county courts • hear minor criminal cases, state traffic offenses and lawsuits involving small amounts (under $25,000) • generally not a court of record

23. 3-2 State Court Systems State Courts with Specialized Jurisdictions City or Municipal Courts • Divided into traffic and non-traffic divisions • A violation of a city ordinance is brought before municipal courts for the first trial • Ordinances are not considered criminal law

24. 3-2 State Court Systems State Courts with Specialized Jurisdictions Small Claims Courts • Handle disputes involving less than $2,500 • Attorneys are typically not required • The judge hears the case without a jury or formal rules of evidence • Decisions of small claims courts can be appealed to a state trial court • Is Judge Judy real?

25. 3-2 State Court Systems State Courts with Specialized Jurisdictions Probate Courts • These courts administer wills and estates

26. 3-2 State Court Systems State Courts with Specialized Jurisdictions Juvenile Courts • Members of society older than 13 and younger than 18 • Juveniles are entitled to their full constitutional rights • Criminal cases involving juveniles do not become public knowledge • The emphasis for juveniles is rehabilitation, not punishment • Appeals from the juvenile court are directed to circuit courts

27. 3-2 State Court Systems State Courts with Specialized Jurisdictions Juvenile Courts

28. 3-2 State Court Systems State Courts with Specialized Jurisdictions Juvenile Courts • Members of society older than 13 and younger than 18 • Juveniles are entitled to their full constitutional rights • Criminal cases involving juveniles do not become public knowledge • The emphasis for juveniles is rehabilitation, not punishment • Appeals from the juvenile court are directed to circuit courts