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Chapter 2: The Court System and Dispute Resolution

Anderson’s Business Law and the Legal Environment. Chapter 2: The Court System and Dispute Resolution. Jurisdiction. Courts hear disputes according to their jurisdiction. General jurisdiction courts hear a wide range of matters.

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Chapter 2: The Court System and Dispute Resolution

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  1. Anderson’s Business Law and the Legal Environment Chapter 2: The Court System and Dispute Resolution

  2. Jurisdiction • Courts hear disputes according to their jurisdiction. • General jurisdiction courts hear a wide range of matters. • Limited jurisdiction courts deal with cases restricted to certain subject matter. • Courts that review the decisions of trial courts are appellate courts.

  3. Court Systems • The courts in the United States are organized into the state and federal court systems, each (generally) with three levels: • trial courts • appellate courts • a supreme court

  4. Supreme Court of the United States (Highest appeals court; review from lower appeals courts is usually at the discretion of the Supreme Court) U.S. Courts of Appeals Circuit Courts – Jurisdiction by geographic area. Court of Appeals for the Federal Circuit – Nationwide jurisdiction by subject matter Review Federal District Courts Indian Tribal Court Tax Court Bankruptcy Court Specialty Courts The Federal Court System

  5. Possible Appeal to the United States Supreme Court State Supreme Court State Court of Appeals General Trial Court (County, Circuit & Superior Court) Specialty Courts Juvenile Probate Domestic Relations City or Municipal (Traffic) Small Claims The State Court System

  6. Trial Procedures • Within the courts of original jurisdiction, there are rules for procedures in all matters. • A civil case begins with the filing of a complaint by a plaintiff, which is then answered by a defendant. • Discovery is the pretrial process used by the parties to find out the evidence in the case (depositions, interrogatories, and document requests).

  7. Trial Procedures • The case is managed by a judge and may be heard by a jury. • Through the process of voir dire, the parties may challenge the selection of certain potential jurors. • The trial involves opening statements, the presentation of evidence, and the direct and cross-examination of witnesses. • Once a judgment is entered, the party who has won can collect the judgment through garnishment and a writ of execution.

  8. 1. Complaint by plaintiff 2. Service of process on defendant 3. Defendant’s answer 4. Discovery 5. Motion for Summary Judgment (if no factual issues) Deny Counterclaim Admit Depositions Interrogatories Request for Production Steps in Litigation

  9. voir dire challenge for cause peremptory challenge 6. Trial a. Jury selection b. Opening statements c. Plaintiff’s case d. Motion for directed verdict e. Defendant’s case f. Summation g. Jury instructions h. Jury verdict or mistrial (deadlocked) i. Motion for new trial or judgment j. Recovery - fees, execution garnishment direct cross redirect recross Steps in Litigation (cont’d)

  10. Non-governmental Procedure OR Court State Federal Reference to Referee Arbitration Minitrial Association Tribunal Summary Jury Trial Use of Ombudsman Mediation Rent-a-Judge Forums for Legal Rights Determination

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