Section 1.2The Court System and Trial Procedures

Section 1.2 The Court System and Trial Procedures

The United States has two major court systems: the federal and the state courts.

The power a court has to hear a case and make a judgment is called jurisdiction.

Federal Court System

Federal courts have jurisdiction over

Cases that raise a federal question

Cases with involve citizens of different states ($ value over $75000)

Admiralty cases, pertaining to the sea

Parent and copyright cases

Bankruptcy cases

Section 1.2 The Court System and Trial Procedures

The federal court system consists of:

district courts

appellate courts

special U.S. courts

the Supreme Court

District Court – have original jurisdiction over most federal civil and criminal cases (regular trial)

13 judicial circuits with several district courts and 1 appellate court

Appellate Court – is a court that hears appeals and reviews cases from the lower courts

Appellate courts only determine if the lower court correctly applied the law

Supreme Court – Highest court in the land 1 chief justice and 8 associate justices appointed for life(original jurisdiction in cases that involve a state)

Section 1.2 The Court System and Trial Procedures

Most state court systems consist of:

local trial courts small-claims, minor cases

general trial courts county courts with general jurisdiction

special courts, such as juvenile courts

intermediate appellate courts parties believe they did not get a fair trial

state supreme courts no trial just look at the facts of the case

Section 1.2 The Court System and Trial Procedures

An appellate court is not a trial court, but reviews the decision of a lower court.

Section 1.2 The Court System and Trial Procedures

Section 1.2 The Court System and Trial Procedures

Courts hear two types of cases:

criminal

civil

Section 1.2 The Court System and Trial Procedures

Civil cases are brought by one individual against another.

Criminal cases are brought by the government for offenses committed against the public.

Section 1.2 The Court System and Trial Procedures

A civil case begins with one individual suing another. The plaintiff is the person bringing the lawsuit. The defendant is the person being sued.

Alternative Dispute Resolution

ADR-occurs when parties try to resolve disagreements outside of the usual court system

Mediation-A mediator tries to persuade the parties to compromise

Arbitration-parties give the power to settle their dispute to a third party

Conciliation-In conciliation the conciliator does not bring the parties together in a face-to-face conversation

Negotiation-each party appoints a spokesperson to represent them in the reconciliation process

If not successful all 4 alternatives can lead to full litigation(court)

Civil Litigation Begins

Pleadings: formal papers filed

Discovery: fact about trial

Pretrial Hearing: informal meeting before the trial

Trial – either jury or judge

Steps in a trial

Decide jury or judge

Pick jury

Opening statement

Evidence is introduced

Closing arguments

Jury instructions

Verdict