Chapter 3

Law for Business and Personal Use

© South-Western, a part of Cengage Learning Slide 1

Chapter 3

Chapter 3Court SystemsCourt Systems

3-13-1 Forms of Dispute Resolution

3-23-2 The Federal Court System

3-33-3 State Court Systems


© South-Western, a part of Cengage Learning

Hot Debate

1. What alternative course of action other than filing suit in court, might Anthony utilize to bring about a resolution of the issue?

2. Does Anthony have a duty to anyone, legally or morally to bring a lawsuit, instead of using alternative forms of dispute resolution?

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Court

Do you know anyone who’s been to court? Discuss this experience. Fair or unfair?

Why does perception of what is fair differ among diverse groups?

Have you watched a trial on television? Discuss.



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3-13-1 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



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DISPUTE RESOLUTION

How can disputes be resolved without going to court?1. Mediation

2. Arbitration



Mediation Role Play

1. Mediator

2. Credit Card Company – Best Credit Card

3. Creditor – owes Best Credit Card company $7,677 in credit card debt.

Currently not working

Behind in the $123 per month credit card payment

Interest is occurring at a rate of $100 per month.

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Arbitration Role Play1. Arbitrator (retired judge or legally trained)

2. Sports player

3. Sports team owner

Case: The sports player is asking for benefits totaling $1.3 million dollars. During his season with the team, he was entitled to “bonuses” based on team appearances. However, he missed one important “media” event after they won the championship. The sports owner believes that this media event is a reflection of his benefits. The sports player signed an arbitration agreement at the beginning of his employment.

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Compare and Contrast

Mediation Arbitration

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What’s Your Verdict?

Clickery-Clack Garage in Boston, MA, has a clause on their standard repair contract that reads: “any and all disputes arising out of their repair work are to be settled by arbitration rather than by a court of law.

1. Is this clause enforceable?

A. Yes

B. No

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Mediation and Arbitration is not an option – Go to Court

How do courts settle disputes? Two Levels

1. Trial courts – the court in which a dispute is first heard. Witnesses Facts of the case Apply law and reach verdict (decision) ORIGINAL JURISDICTION

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Mediation and Arbitration is not an option – Go to Court

2. Appellate courts – reviews decisions of lower courts when a party claims an error of law was made during the lower court’s proceeding. DO NOT determine fact Examines the transcript Read appellate briefs (written arguments on the issues of law

submitted by the opposing attorneys). Question attorneys about the facts Affirm (upheld) reversed (overturned) amended (changed) remanded

(sent back to the trial court for corrective action or possible a new trial) or a combination of these

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A trial court has _______ jurisdiction over a case.

A.Second

B.Original

C.No

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Appellate court review of trial court decisions is normally confined to errors of

A.Procedures

B.Witnesses

C.Facts

D.Law

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Compare and Contrast

Trial Court Appellate Court

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3-23-2 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



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ORIGIN OF THE FEDERAL COURT SYSTEM

Judiciary Acts established: U.S. Supreme Court 13 district courts Federal Courts of Appeal Specialized courts



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The Supreme Court did not exist under the Articles of Confederation.

A.TrueB.False

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What is the source of power of the federal courts?

A.The President of the U.S.

B.Congress

C.U.S. Constitution

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JURISDICTION OF THE FEDERAL COURTS

Federal District Courts Federal Courts of Appeals United States Supreme Court



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Federal Court System – US Supreme Court

Original jurisdiction over cases affecting ambassadors, other public ministers and consuls and those in which a state shall be party.

Appellate jurisdiction over cases on appeal from the U.S. Courts of Appeals or from the highest courts of the various states. Usually chooses to hear cases involving constitutionality.



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Federal Court System – Courts of Appeals

Appellate jurisdiction over the district courts, certain specialized federal courts and many federal administrative agencies.

No new evidence. No witnesses. Review trial transcript. Read lawyer briefs. Hear oral arguments.



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Federal Court System-Trial Courts

Federal questions, or cases that arise under the Constitution U.S. Law, and U.S. treaties. Lawsuits between citizens of different states, between a U.S. citizen and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation. Diversity of citizenship – more than $75,000 must be at stake.



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Federal Court System



U.S. District Courts http://www.uscourts.gov/courtlinks/

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What’s your verdict? Susan Bean, a citizen of Illinois, sued Wallis

Turn, a citizen of Colorado for breach of a construction contract on Bean’s Chicago residence. More than $600,000 was at stake. Bean filed the suit in Illinois state court. Turk filed a motion to remove the case to the federal courts.

Will the case be heard in federal or state court?

A. Federal

B. State

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FEDERAL COURT

QUIZ

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Which court is the lowest level in the federal court system with general jurisdiction?

A. Federal District Court

B. Federal Court of Appeals

C. U.S. Supreme Court

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Which court has appellate jurisdiction over district courts?




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Which type of court has 12 courts that are considered circuit courts for a specific geographic area?




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Which court has original jurisdiction over cases affecting ambassadors and public ministers?




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Which court has original jurisdiction over lawsuits between citizens of different states?




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Which court’s decisions can be overturned by a constitutional amendment?




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Which type of court has 13 different courts in the federal system?




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Which court has both original and appellate jurisdiction?




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Which type of court does not accept new evidence or call witnesses?




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Which court has original jurisdiction over lawsuits involving more than $75,000?




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Which court can issue a writ of certiorari to state courts?




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Which court can overturn decisions made by the State (Illinois) Supreme Court?




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How did you do?

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3-33-3 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



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A TYPICAL STATE COURT SYSTEM

1. State trial courts

2. State courts of appeals

3. State supreme courts



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A Typical State Court System

Panel of 3 or more justices review the case

Original jurisdiction over most state impeachment cases.Appellate jurisdiction.



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A state supreme court can make its own determinations of the facts in a appellate case.

A.True

B.False

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Panel of Judges-no more than 3

•No new evidence•No witnesses•Briefs from attorneys•Oral arguments•Was correct law applied?



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General jurisdiction

Trial courts with specialized jurisdiction



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STATE COURTS WITH SPECIALIZED JURISDICTIONS

Associate circuit courts City or municipal courts Small claims courts Juvenile courts Probate courts



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McHenry County Courthouse

Associate Circuit Courts



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Divorce, custody



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Over 13 under 19. 28 states set a minimum age which ranges from 10-15. Offenders can be rehabilitated rather than punished.



What’s your verdict?

Chase, age 15, violated his states anti-hacking law. He was caught and referred to a juvenile court.

1. Will he be treated differently under the juvenile court’s jurisdiction than under a regular trial court’s jurisdiction?

A. Yes

B. No

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Cities-Crystal Lake, McHenry, WoodstockCivil actions (People to People) are in Woodstock



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Death. Disperse property.



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Charged with a crime, usually a felony.



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McHenry County Courthouse – You’re getting married



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Civil claims under $2500 for most states. Under $10,000 for McHenry County. No jury or formal rules of evidence. Can be appealed to a state trial court. An attorney is not necessary. You can represent yourself.



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Attorneys generally are not required in a small claims court.

A.True

B.False

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Sample CaseThe jury in Martin’s case convicted him of grand

larceny partially based on evidence found in the trunk of the car he was driving. The state appellate courts upheld his conviction. The US Supreme Court took jurisdiction over the case by issuing a writ of certiorari to the state supreme court. The US supreme court on appeal then held that the search of his trunk that discovered the items was improper. The USSC overturned his conviction, as the jury could have been improperly influenced by such evidence.

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What’s Your Verdict?Sheila had a beautiful apartment with a view of

the harbor. After she had lived there several years, her landlord gave her and the other tenants of the apartment building 30 days notice to vacate. Sheila sued to prevent the mass evictions. After losing in the state trial court, she vowed to appeal the issue directly to the U.S. Supreme Court.

1. Can she do so?

A. Yes

B. No

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Illinois State Courts

http://www.state.il.us/court/

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How did you do?

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The Right to a Jury Trial

Jury – 14th, 16th and 17th amendments Why would someone want this?

Bench Trial Held before judge, no jury Why would someone want this?



Jury Selection Voir Dire – Interview potential jurors for possible

biases Challenge for Cause

Predisposition

Peremptory Challenge Just because (can’t be racially motivated)

Video – Jury Duty Selection http://www.videojug.com/interview/jury-selection-2



Exemptions from Jury Duty

What are some good reasons? Convicted Felon Not a U.S. Citizen Under 18

You get Paid…. But not much



Venue Proper place to bring suit Change of venue

Why? Rodney King Video

Change of venue granted to a city 40 miles away. Not guilty for policeman Riots in LA

Juror speaks Video Rodney King Speaks Video



Trial Activity

Criminal Case State (Plaintiff) vs. Mike (Defendant), an 18 year

old high school student who is accused of buying a stolen “hot” cd player.

The lawyers need to voir dire the potential jurors. 3 peremptory challenges, and of course unlimited

challengesfor cause

2 questions for each potential juror Count the biases for each side to determine which side

has a favorable jury.

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Following a Case through the Court System Court Procedure The Pleadings Choices available after receipt of the summons and

complaint Dismissals and Judgment before trial Proceedings before the trial

Discovery Depositions Interrogatories

Compliance with Discovery Requests The Pretrial Conference At the Trial How the case is ended



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PREVENT LEGAL DIFFICULTIES

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



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PREVENT LEGAL DIFFICULTIES

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

Documents

Transcript of Chapter 3