Settling Disputes• Negotiation– Process by which people in a dispute talk to each other

and try to reach an acceptable solution• Settlement-agreement• Auto accidents

• Arbitration– Both parties agree to have another person listen to their

arguments and make a decision for them• Contracts, labor relations

• Mediation– Third person helps the disputing parties talk about their

problems and settle their dispute• divorce

Court System

• Different types of Courts– Trial courts- testimony, consider evidence and

decide facts– Civil and Criminal• Civil- Plantiff brings the legal action• Criminal-Government brings legal action• Both parties defendant is responding to the plantiff

State vs. Federal Courts

• Municipal or County courtsintermediate court of appealsstate supreme courtU.S Supreme Court

• U.S district courtsU.S. Circuit Court of AppealsU.S. Supreme Court

Tribal Courts

• No longer posses complete authority over their reservations.

• Have tribal courts • Inherent Power– Power to regulate family relationships, tribal

memberships and law and order on the reservation

• Delegated Power– When Congress grants power in a certain area such

as environmental regulation

Supreme court

• **does not accept all appeals• Petitions for Certiorari-request of a lower

court to send up records

Trial Systems

– Inquisitional System• Judge is active in questioning witnesses, and controlling

the court process

– Adversary system• Contest between opposing sides• The judge/jury make decision after parties make best

arguments

Jury Process

• Voir dire– Screen jurors for prejudices, preconceived notions

• Removal for Cause– Removing a juror who appears to be unable to

make a fair and impartial decision

• Peremptory Challenges– Removal of jurors without cause

Appeals

• Error of Law– Mistakes as to the law

• Dissenting Opinion– Document written by judges who disagree with

the opinion

• Concurring Opinion– Document written by judges who agree but for

different reasons

Lawyers

• Litigators-trial lawyers• Legal Malpractice– When a laywer is sued by clients for serious eeeors that

result in injurty or loss

• Privilege– Whatever you tell your lawyer cannot be disclosed to

anyone

• Disbarred– Lawyers who violate statndards and can no longer has a

lisene to practice law

Whyt do we need a lawyer?

• Why do we need lawyers– Buying/selling homes– Organizing a business– Changting family dynamic– Making a will– Criminal charges– Handling accidents