CHAPTER 3 Court Systems

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

2. 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 powers Chapter 3

3. FOCUS • What two types of courts are used in our legal system to settle disputes? Trial and appellate Chapter 3

4. DISPUTE RESOLUTION • How can disputes be resolved without going to court? • Often best for both parties in a dispute to settle between themselves. • Costs less and if you settle yourself you might be able to get to a win-win solution. • Can use a mediator – independent third party to help develop a solution acceptable to both sides. • Mediator solutions are not legally binding • May hire an arbitrator – holds informal hearing to determine what happened. • Arbitrator decision is legally binding to both parties • Their decisions can be enforced by court order • It can be in a contract that you need to settle disputes by arbitration Chapter 3

5. DISPUTE RESOLUTION • How do courts settle disputes? • Court – a governmental forum that administers justice under the law • Decides disputes between private individuals and in criminal cases • May award damages or order other appropriate relief and impose punishment (fines/imprisonment) in criminal cases. • Courts are to be impartial and make decisions using thorough procedures. Chapter 3

6. DISPUTE RESOLUTION • Trial courts – court where dispute is first heard • Hears witnesses testify • Reviews evidence • Applies what it selects as appropriate law to reach the verdict (decision) • Has Original jurisdiction – original power to decide the case. • Members of trial court • Judge • Lawyers (officers of the court) • Clerks – keeps records of proceedings and computes court costs • Sheriffs serve as bailiffs who summon witnesses and keep order in the court and take steps to carry out judgments in the state court system. (Marshals in federal court) • Juries sworn by court to decide issues of facts Chapter 3

7. DISPUTE RESOLUTION • Appellate courts – reviews decisions of lower courts when a party claims an error was made during the lower court’s proceedings. • They determine only with errors in law • They examine the transcript (verbatim record of the trial) • They read appellate briefs (written arguments on the issues of law submitted by the opposing attorneys) • They often listen to attorneys’ oral arguments • Judges can question the attorneys Chapter 3

8. DISPUTE RESOLUTION • Appellate courts can decided whether the decision of the lower court was • Right (Uphold) • Should be reversed (Overturned) • Changed • Sent back to the trial court for corrective action or possibly a new trial. (Remanded) Chapter 3

9. What are the two levels of courts, and what is the function of each? Chapter 3

10. 3-2 The Federal Court System GOALS • Identify the source of power of the federal courts • Name the various levels of federal courts and describe their jurisdictions Chapter 3

11. FOCUS • Where did the federal courts receive their power? • From the Constitution (Article III, Section I) • Originally the founders did not believe that a federal supreme court was necessary. Why do you think? • The presumed that disputes between the citizens of various states could be fairly litigated in the state court system. • Why do you think a federal court system is necessary? • To provide a neutral forum for the resolution of significant disputes. Chapter 3

12. ORIGIN OF THE FEDERAL COURT SYSTEM Judiciary Acts established: • U.S. Supreme Court • 13 district courts • Federal Courts of Appeal • Specialized courts – hears only one type of case Chapter 3

13. What is the source of power of the federal courts? Chapter 3

14. JURISDICTION OF THE FEDERAL COURTS • Federal District Courts – lowest level of federal court with general jurisdiction • A trial court of the federal system • Jurisdiction over • federal questions, or • cases that arise under the Constitution, • US law, • US treaties and • Laws suits between citizens of different states • Law suits between US citizen and foreign nation or citizen • More than $75,000 must be in dispute in federal diversity of citizenship lawsuits Diversity of citizenship Chapter 3

15. FEDERAL COURT SYSTEM Chapter 3

16. JURISDICTION OF THE FEDERAL COURTS • Federal Courts of Appeals – appellate jurisdiction over the district courts, certain specialized federal courts and many federal administrative agencies. • No appellate court can change the factual determinations of a jury • There are 13 federal courts of appeal. • 12 are circuit courts assigned by geographic area • 1 dedicated to federal circuit and handles patent cases from district courts and appeals from federal courts with special jurisdiction Chapter 3

17. FEDERAL COURT SYSTEM Chapter 3

18. JURISDICTION OF THE FEDERAL COURTS • United States Supreme Court – has both original and appellate jurisdiction. • Hears cases affecting ambassadors and other public ministers • Cases in which a state shall be party. • Hears appeals from the US Court of Appeals or from the highest courts of the states • If case contains constitutional issues important enough for them they issue a writ of certiorari to the last court case was in (order that compels the state court to turn over the record of the case for review) • Jurisdiction over state supreme court cases is limited to those in which a federal question of law or on US constitution. Chapter 3

19. FEDERAL COURT SYSTEM Chapter 3

20. Name the three levels of federal courts and describe the jurisdiction of each. Chapter 3

21. 3-3 State Court Systems GOALS • Compare the structure of a typical state court system with the structure of the federal courts • Identify typical state courts of specialized jurisdiction Chapter 3

22. FOCUS • What is the primary difference between the federal court system and a state court system? The types of specialized courts found: Federal: Bankruptcy, court of international trade, tax court State: probate, juvenile, family, small claims Chapter 3

23. A TYPICAL STATE COURT SYSTEM 3 tier system like the federal system Geographically based trial courts Chapter 3

24. A TYPICAL STATE COURT SYSTEM • State trial courts • Courts with general original jurisdiction over both criminal and civil matters are known as circuit courts. (Also known as superior court, district courts or courts of common pleas) • Court of Record – keeps an exact account of what goes on at trial. (transcript, evidence, statements, determinations of the court officials and the judgment of the court) • They review the decisions of courts of specialized jurisdiction. Chapter 3

25. A TYPICAL STATE COURT SYSTEM • State courts of appeals • No more then 3 judges on panel. • Can hear oral arguments by attorneys, no new evidence. • May apply correct law, send back to lower courts for new trial. • State supreme courts • Typically you are entitled to one trial and one appeal if filed in a timely manner. • Only those with most complex legal issues are taken to supreme court. • Issue the final decision on matters of law appealed to them. If constitutional or other federal questions may appeal to US supreme court. Chapter 3

26. A TYPICAL STATE COURT SYSTEM Chapter 3

27. What does a typical state court system have in common with the federal court system? Chapter 3

28. STATE COURTS WITH SPECIALIZED JURISDICTIONS • Associate circuit courts – also known as county courts • Deal with minor criminal cases, state traffic offenses and lawsuits with small amounts less than $25,000 • Not typically court of record • Appeals can go to state trial court • City or municipal courts – administer their ordinances. • Typically divided into traffic and criminal divisions. • Can be appealed to state trial court • Ordinances are not considered criminal lawss. • Small claims courts – handle disputes in which small amounts less than $2,500. • No jury just judge • Can be appealed to state trial court Chapter 3

29. STATE COURTS WITH SPECIALIZED JURISDICTIONS • Juvenile courts – 13 years old to under 18 years old. • Not held as accountable as adults • Greater emphasis on rehabilitation than punishment. • Can release to supervision of parents, placed in foster homes or detention in correctional facilities • Courtroom is closed during informal hearing • Judgments not open to the public. • If rehabilitation fails can be tried and punished as an adult. • Appeals to are directed to circuit courts • Probate court – courts that administer wills and estates Chapter 3

30. Name the typical state courts that have specialized jurisdiction. Chapter 3