The Court System Business Law Mr. DelPriore. Privately Resolved Disputes Don’t go to court too...

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


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?


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!


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


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


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!



Don’t go to court too fast “I’ll sue you.” “_____________________________.” “My daddy will sue your daddy.”

Litigate: Take disputes _________ Try to negotiate _______________


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


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 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


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 ___________________


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 _________________________


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

The Court System Business Law Mr. DelPriore. Privately Resolved Disputes Don’t go to court too...

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