August 9, 2002BUSINESS LAW (Ms. Hawkins)1 CHAPTER 3: THE COURT SYSTEM Chapter 3 presents dispute resolution and the courts, and the federal and state court.

August 9, 2002 BUSINESS LAW (Ms. Hawkins) 1

CHAPTER 3: THE COURT SYSTEM

Chapter 3 presents dispute resolution and the courts, and the federal and state court system.

We will explore:The levels of courts and their

powersThe source of power of the

federal court, its levels and jurisdictions

A comparison of state and federal court systems



Hot Debate (Page 48)What would likely happen to Anthony if he turned to the courts for help in ending the discrimination?

Federal anti-discrimination statutes prohibit such activities. He can sue for damages and an injunction against the treatment in the future. The courts also protect against employer retaliation.



Hot Debate (Page 48)…Does Anthony have a duty to anyone, legally or morally, to bring such a lawsuit?

Anthony doesn’t have a legal duty to sue, but he does have a moral duty to those who may be discriminated against at a later time by the same employer.



Can Disputes Be Resolved Privately?Many decide too quickly to litigate (go to court). Other alternatives include:Negotiation-The parties reach settlement themselves.Mediation-The parties invite an independent third party to develop a solution acceptable to both, but which is not binding.Arbitration-The parties engage an arbitrator who holds an informal hearing, and who renders a decision binding on both parties.



What’s Your Verdict? 7-Eleven sells franchises for stores bearing its name. The franchise agreement specifies that disputes between 7-Eleven and those who buy a franchise should be settled by arbitration rather than by a trial in court.



What’s Your Verdict?Can 7-Eleven compel its franchisees to use arbitration instead of litigation?Yes.Is arbitration a good idea or not?Yes. Avoid court costs, delays, and difficulties of a court trial.Would you ever want to use arbitration—why or why not?



What’s Your Verdict?Doyle made an illegal U-turn. A police officer saw it and gave him a citation (an order to appear in court). Doyle claimed that the sign forbidding a U-turn at the intersection was obstructed by a tree branch. The officer replied, “Sorry, sir. Tell it to the judge in court.”



What’s Your Verdict? Why is a court necessary in this case?It’s necessary to tell whether Doyle is telling the truth, and whether the blocked sign would be a valid defense.Courts follow impartial and thorough procedures to make decisions.



Court—A Definition A court is a governmental forum that

administers justice under the law. Courts decide civil disputes and criminal

cases. Do you feel that U.S. courts always

administer justice?



What Are the Two Levels of Courts?The two levels of courts are trial courts and appellate courts.



What Are the Two Levels of Courts?Trial CourtsA trial court is the first court to hear a dispute. It has original jurisdiction:Players: judge, lawyers, clerks, sheriffs, marshals, bailiffs, jury members



What Are the Two Levels of Courts?Trial CourtsClerksThey enter cases on the court calendar, keep records of proceedings, and sometimes compute court costs.



What Are the Two Levels of Courts?Trial CourtsSheriffsSheriffs are usually elected officials. They are the principal law-enforcement officer in a county.Duties include delivering and carrying out orders of county courts and transporting prisoners; serving writs, processes, and other judicial documents.



What Are the Two Levels of Courts?Trial CourtsMarshals•Marshals have the duties of a sheriff in the federal court system.•State Marshals are charged with service of process, and Judicial Marshals perform court security and transport detainees to and from court.



What Are the Two Levels of Courts?Trial CourtsBailiffs (e.g., Miss Holly on Judge Joe Brown)This person is usually a sheriff or marshal assigned to a courtroom to keep peace and assist the judge, courtroom clerks, witnesses and jury. They are court attendants whose actual duties vary according to jurisdiction and judge but often include maintaining order in the courtroom.



What Are the Two Levels of Courts?Trial CourtsJury MembersJuries are citizens sworn by a court to decide issues of fact in court cases.



What Are the Two Levels of Courts?Trial Courts The court in which a dispute is first heard. Because of this, we say that the trial court has original jurisdiction.



What Are the Two Levels of Courts?Appellate CourtsAn appellate court reviews decisions of lower courts when a party claims an error was made during the previous proceeding.



What Are the Two Levels of Courts?Appellate Courts…

Deal with errors of law vs. questions of fact Do not hear witnesses Do not accept new evidence Examine transcripts (verbatim account of trial) Read appellate briefs (written arguments on the

issues of law)



What Are the Two Levels of Courts?Appellate CourtsThey decide on the decision of the lower court: Affirmed (upheld) Reversed (overturned) Amended (changed) Remanded (sent back to the trial court for

corrective action or a new trial



Origins of Our Federal Court System

Article III of the U.S. Constitution confers the power to judge certain criminal and civil matters on a system of federal courts.




Six months after George Washington’s inauguration, Congress passed the Federal Judiciary Act which established the U.S. Supreme Court.

A century later, Congress established federal district courts (U.S. Bankruptcy Courts).




The US Supreme Court judges, front row: Antonio Scalia, John Stevens, Chief Justice William Rehnquist, Sandra O'Connor, Anthony Kennedy; standing: Ruth Ginsburg, David Souter, Clarence Thomas, Sonia Sotomayor and Stephen Breyer.Picture: Reuters (As of 7/2010)



Jurisdiction of the Federal Courts There are 3 levels of federal courts with general

jurisdiction. Courts with general jurisdiction can hear

almost any kind of case. Courts with special jurisdiction hear only one

specific type of case.General jurisdiction courts: (1) Federal district courts, (2) federal courts of appeals, and (3) the U.S. Supreme Court



Federal District CourtsFederal district courts have general jurisdiction in two instances: Federal questions or cases that arise under the Constitution, U.S. law, and U.S. treatiesLawsuits between citizens of different states (diversity of citizenship—more than $75,000), between a U.S. citizen and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation



Federal Courts of AppealsThey have appellate jurisdiction over the district courts, certain specialized federal courts, and many federal administrative agencies. No appellate court, not even the U.S. Supreme court, can change the factual determinations of a jury.

There are 13 federal courts of appeal. Twelve are district courts responsible for assigned geographic areas. The 13th is dedicated to the federal circuit and handles patent cases appealed out of district court, and appeals from federal courts with special jurisdiction.



Federal

Court

System

U.S. Supreme Court

13 US Courts of Appeals12 Circuit Courts

(1 Court of AppealsFor Federal Circuit)

State Supreme Courts US District CourtsSpecialized

Federal CourtsMany

Federal Agencies

cases involving federal law



Law and the Internet (Page 56)Do you think communications (free speech) over the Internet should be protected by the First Amendment?

In Reno v. ACLU (American Civil Liberties Union) The Supreme Court recently ruled that The communications Decency Act citing “indecent transmission” and “patently offensive display” abridged freedom of speech.



United States Supreme Court (USSC)

The USSC has both original and appellate jurisdiction.

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



United States Supreme Court (USSC)…


Appellate jurisdiction: cases on appeal from the U.S. Courts of Appeals or from the highest courts of the various states; this is the most important function of the USSC.



United States Supreme Court (USSC)…The USSC has both original and appellate jurisdiction.Appellate jurisdiction…The USSC will issue a writ of certiorari in cases involving a constitutional (federal) issue. The writ is issued to the last court that heard the matter, and it compels the state to turn over the record of the case to the Supreme Court for review.



United States Supreme Court (USSC)…


Appellate jurisdiction…

Decisions of the USSC that interpret or apply the Constitution are final, and can only be overturned by the USSC itself or by a constitutional amendment.



Structure of State Court Systems

The typical state legal system resembles the federal system:

The state legislature makes the laws

The state executive branch enforces the laws

The state judicial branch is where those laws are

enforced



A Typical

State Court

System

SUPREME COURT

INTERMEDIATEAPPEALS COURT

TRIAL COURT

FAMILY COURT JUVENILE COURT MUNICIPAL COURT PROBATE COURT CRIMINAL COURT

JUSTICES COURT SMALL CLAIMS

General original jurisdiction over criminal & civil matters; also called superior, district, or courts of common pleas; court of record for appeals

In populous states



Statute of Limitations:

•The Georgia criminal statute of limitations laws are much more liberal than many states.

•The statute of limitations does not include the period in which the accused lives out of the state of Georgia. It also does not include any period of time during which the crime or the identity of the suspect is unknown.

•If the accused is a government official or employee charged with theft by conversion of public property, the statute of limitations does not apply.



Statute of Limitations:

Misdemeanors 2 years

Charges of life or death sentences 7 years

Murder (exception) no limitation

Forcible rape 15 years

Other felonies 4 years (victim <18)

7 years (victim >18)

Cases re DNA ID of suspect no limitationhttp://blog.laborlawtalk.com/2006/10/30/georgia-criminal-statute-of-limitations-laws

http://blog.laborlawtalk.com/2006/10/30/georgia-criminal-statute-of-limitations-laws/



August 9, 2002BUSINESS LAW (Ms. Hawkins)1 CHAPTER 3: THE COURT SYSTEM Chapter 3 presents dispute resolution and the courts, and the federal and state court.

Documents

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