Post on 28-Dec-2015
The Court System
Business LawMr. DelPriore
Privately Resolved Disputes
Don’t go to court too fast “I’ll sue you.” “I’ll see you in court.” “My daddy will sue your daddy.”
Litigate: Take disputes to court Try to negotiate yourself
Privately Resolved Disputes
If you can’t, invite 3rd party to resolve: Mediator: 3rd party, develops solution
Tries to benefit both sides Arbitrator: 3rd party, holds hearing
His decision is BINDING Can be enforced in court
Levels of Courts
Courts: Governmental forum Specialize in JUSTICE under the law Judiciary= interprets the law Decide criminal AND civil cases
May award damages (civil) May impose punishment (criminal)
Levels of Courts
Impartial, thorough Witnesses give testimony Accused party allowed equal time to
argue Three levels of courts:
Trial court Appellate Supreme
Trial Courts
First court to hear a dispute Has ORIGINAL JURISDICTION
Witnesses testify Information is presented Consists of:
Judge Lawyers (officers of the court) Clerks Sheriffs Bailiffs Jury Members
Court Jobs
Clerks: Enter cases on court calendar Keep records of proceedings Compute court costs
Sheriffs: Summon witnesses, keep order Called marshals in federal courts
Juries: Citizens sworn in to decide issues of fact
Appellate Courts
Reviews decisions of lower courts When part claims an error made Don’t hear witnesses Don’t accept new evidence (norm) Concerned with errors of law
Appellate Courts
Examine the TRANSCRIPT: Word-for-word record of trial
Read APPELLATE BRIEFS: Written arguments on the issues of law Submitted by the attorneys
Listen to oral arguments, question attorneys
Decide to: AFFIRM- uphold REVERSE- overturn AMEND- change REMAND (send back to trial court)
STOP: Review!
Complete Think About Legal Concepts (Page 54)
Federal Court System
Courts have general jurisdiction Three levels of federal courts:
Federal District Courts Federal Courts of Appeals U.S. Supreme Court
General jurisdiction= Can hear almost any type of case
SPECIAL JURISDICTION: Hears only one specific type of case Example: Divorce court
Federal District Courts
Lowest level of federal court Trial court of the federal system Determines facts of matter Makes initial determination of law Original jurisdiction over:
Cases under the Constitution Lawsuits between citizens in diff. states
And citizens of a foreign nation Cases with more than $75,000 in dispute
Federal Court of Appeals
Appellate jurisdiction over district courts, specialized courts, and… Many federal administrative agencies
Don’t accept new evidence Or call witnesses
Review transcripts, written and oral arguments
No court can change jury decision Why?
Federal Court of Appeals
13 federal courts of appeal Twelve are circuit courts
Responsible for geographic area 13th court dedicated to “Federal
Circuit” Handles patent cases Handles appeals from special
jurisdiction courts
United States Supreme Court
USSC Has BOTH original AND appellate jurisdiction Most important- appellate jurisdiction If USSC feels case is VERY important:
Will issue WRIT OF CERTIORARI To the lower court Demands court record of case to be turned over
Decisions can only be overturned by: USSC- itself A constitutional amendment
STOP: Review!
Complete Think About Legal Concepts (Page 57)
State Court System
Resembles federal system State legislature makes the laws
State judiciary interprets them Three-tiered system:
Trial courts (geographically) Appellate courts- appeals State Supreme Court
State Trial Courts
Circuit courts (or superior, district, court of common pleas)
Called “Courts of record” Keeps an exact account of what happens
Oral transcript, evidence, statements, determinations, judgment made, etc.
Uses a jury, unless one not requested Then, the judge makes determination
Applies law to the facts Makes decision
State Court of Appeals
Panel of judges No more than 3
Considers record of case And attorneys written, oral arguments NO NEW EVIDENCE
Check if errors of law were made If errors were made, may have new trial
State Supreme Courts
Most complex legal issues- HERE Justice- judge title on Supreme Courts Panel of 3 or more justices
NO NEW EVIDENCE Final decision on state matters of law
Unless federal issues or U.S. Constitution is involved
Then, can go to the U.S. Supreme Court
Courts: Specialized Jurisdiction
BELOW circuit, superior state courts Specialized (minor) jurisdiction Associate Circuit Courts:
AKA County courts Small criminal cases (less than $25k) NOT courts of record Help higher courts- less volume for them
More Specialized Courts
City/Municipal Courts Divided into traffic/criminal divisions Deal with local ordinances
Small Claims Courts Generally $2,500 or LESS Attorneys not allowed No jury, no formal rules of evidence Decisions can be appealed JUDGE JUDY is SMALL CLAIMS
More Specialized Courts
Juvenile Courts Aged 13-18= juveniles Belief: Shouldn’t be treated as adults SO, special courts were developed Emphasis on rehabilitation
NOT punishment Wide variety of decisions can be made Ensure doesn’t become public information
Courtroom is closed to the public
More Specialized Courts
Probate Courts: Administer wills and estates When people die- wealth is divided
Must be done lawfully! Creation and execution of wills
Divorce Courts Type of small claims court
STOP: Review!
Complete Think About Legal Concepts (Page 61)
Privately Resolved Disputes
Don’t go to court too fast “I’ll sue you.” “_____________________________.” “My daddy will sue your daddy.”
Litigate: Take disputes _________ Try to negotiate _______________
Privately Resolved Disputes
If you can’t, invite 3rd party to resolve: Mediator: 3rd party, develops solution
Tries to benefit _____________________ Arbitrator: 3rd party, holds hearing
His decision is ____________________ Can be ___________________________
Levels of Courts
Courts: Governmental forum Specialize in JUSTICE under the law Judiciary= ______________________ Decide _________ AND _______ cases
May award damages (civil) May impose punishment (criminal)
Levels of Courts
Impartial, thorough Witnesses give __________________ Accused party allowed equal time to
argue Three levels of courts:
Trial court __________________ Supreme
Trial Courts
First court to hear a dispute Has __________________________________
Witnesses testify Information is presented Consists of:
Judge Lawyers (_____________ of the court) Clerks Sheriffs ______________ Jury Members
Court Jobs
Clerks: Enter cases on court calendar Keep records of ___________________ Compute court costs
Sheriffs: ________________________________ Called marshals in federal courts
Juries: Citizens sworn in to decide issues of fact
Appellate Courts
Reviews decisions of ____________ When part claims an ____________ Don’t hear ________________ Don’t accept new evidence Concerned with errors of law
Appellate Courts
Examine the ____________________: Word-for-word record of trial
Read ___________________________: _____________________ on the issues of law Submitted by the attorneys
Listen to oral arguments, question attorneys
Decide to: AFFIRM- ______________ REVERSE- ________________ AMEND- ________________ REMAND- _____________________________
Federal Court System
Courts have general jurisdiction Three levels of federal courts:
Federal _________________________ Federal _________________________ U.S. Supreme Court
General jurisdiction= _______________________________
SPECIAL JURISDICTION: Hears only one specific type of case Example: Divorce court
Federal District Courts
_________________ of federal court ____________ of the federal system Determines facts of matter Makes initial determination of law Original jurisdiction over:
Cases under the Constitution Lawsuits between citizens in diff. states
And citizens of a _____________________ Cases with more than $_____ in dispute
Federal Court of Appeals
Appellate jurisdiction over district courts, specialized courts, and… Many federal administrative agencies
Don’t accept new evidence Or _____________________________
Review transcripts, written and oral arguments
No court can change jury decision Why?_________________________________
Federal Court of Appeals
_____ federal courts of appeal Twelve are circuit courts
Responsible for ___________________ 13th court dedicated to “Federal
Circuit” Handles patent cases Handles appeals from special
jurisdiction courts
United States Supreme Court
__________ Has BOTH original AND appellate jurisdiction Most important- ______________________ If USSC feels case is VERY important:
Will issue ________________________________ To the lower court Demands court record of case to be ___________
Decisions can only be overturned by: __________________ ________________________________________
State Court System
Resembles ____________________ State legislature makes the laws
State judiciary interprets them Three-tiered system:
Trial courts (____________________) Appellate courts- appeals State Supreme Court
State Trial Courts
Circuit courts (or _______________________________________________) Called “_______________________”
Keeps an exact account of what happens Oral transcript, evidence, statements,
determinations, judgment made, etc. Uses a jury, unless ______________
Then, the judge makes determination Applies law to the facts
Makes decision
State Court of Appeals
Panel of judges No more than ____
Considers record of case And attorneys written, oral arguments _______________________________
Check if errors of law were made If errors were made, may have new trial
State Supreme Courts
Most _____________________ HERE __________- title on Supreme Courts Panel of 3 or more justices
_________________________________ Final decision on state matters of law
Unless federal issues or U.S. Constitution is involved
Then, can go to the U.S. Supreme Court
Courts: Specialized Jurisdiction
BELOW circuit, superior state courts Specialized (minor) jurisdiction Associate Circuit Courts:
AKA ___________________________ Small criminal cases (less than $_______) NOT ____________________________ Help higher courts- less volume for them
More Specialized Courts
City/Municipal Courts Divided into traffic/criminal divisions Deal with local ordinances
Small Claims Courts Generally $______________________ Attorneys _______________________ No jury, no formal rules of evidence Decisions can be appealed JUDGE JUDY is ___________________
More Specialized Courts
Juvenile Courts Aged __________= juveniles Belief: Shouldn’t be treated ___________ SO, special courts were developed Emphasis on rehabilitation
NOT ________________________________ Wide variety of decisions can be made Ensure doesn’t become public information
Courtroom is _________________________
More Specialized Courts
Probate Courts: Administer ______________________ When people die- wealth is divided
Must be done lawfully! Creation and execution of wills
Divorce Courts Type of small claims court