Chapter 4. 1. What would likely happen to Anthony if he turns to the courts for help in ending the discrimination? 2. Does Anthony have a duty to anyone,

THE COURT SYSTEM

Chapter 4

HOT DEBATE1. What would likely happen to Anthony if

he turns to the courts for help in ending the discrimination?

2. Does Anthony have a duty to anyone, legally or morally, to bring such a lawsuit?

HOT DEBATE ANSWER

WHAT’S YOUR VERDICT – PAGE Can 7-Eleven compel its

franchisees to use arbitration instead of litigation?

WHAT’S YOUR VERDICT – ANSWER 7-Eleven can require buyers of its

franchises to use arbitration. By using negotiations, mediation, or arbitration, the disputing parties may avoid the costs, delays, and difficulties of a court trial.

CAN DISPUTES BE RESOLVED PRIVATELY? Many people to decide to quickly to

litigate-or take their disputes to court.

When one person injures another or fails to keep a binding agreement, the parties should first try to negotiate a settlement themselves.

NEGOTIATING A SETTLEMENT BTW. INJURED PARTIES WITHOUT GOING TO COURT MAY INCLUDE AN ARBITRATOR OR A MEDIATOR

Mediator Arbitrator

Tries to develop a solution acceptable to both sides of the dispute.

Does NOT bind the parties

Usually holds an informal hearing to determine what happened

DOES bind the parties

WHAT’S YOUR VERDICT? BLUE BOX PAGE 53 Why is a court necessary in this

situation?

WHAT’S YOUR VERDICT? BLUE BOX- ANSWER A court was necessary to decide

whether Doyle was telling the truth and whether the blocked sign would be a valid defense.

DIFFERENT LEVELS OF COURTS A court can be defined as governmental

forum that administers justice under the law. A court may impose punishment, award

damages, and/or grant appropriate relief.

There are two levels of courts 1. Trial Courts2. Appellate Courts

The court system consisting of trial courts, appellate courts, and a supreme court is found at the state and federal levels.

TRIAL COURTS First court to hear a dispute, it has original

jurisdiction over a case Witnesses testify and other information is

presented to prove the alleged facts Trial court consists of a judge, lawyers

(officers of the court), clerks, sheriffs or marshals, bailiffs, and jury members.

In the state court system, it’s the sheriff’s duty to summon witnesses, keep order in court, and take steps to carry out judgment.

Marshalls have these duties in the federal court systems

APPELLATE COURTS Reviews decisions of lower courts when

a party claims an error was made during the previous proceedings.

Concerned with errors of law rather than questions of fact

Examine transcripts They decide whether the decision of the

lower courts should be affirmed (upheld), reversed (overturned), amended (changed), or remanded (sent back to the trial court for corrective action or possibly a new trial)

WHAT’S YOUR VERDICT–BLUE BOX PAGE 55 Who is correct?

WHAT’S YOUR VERDICT–BLUE BOX PAGE 55 - ANSWER Both Jim and Marla are correct

WHAT’S YOUR VERDICT–ORANGE BOX - PAGE 55 Should the case be heard in

federal or state court?

WHAT’S YOUR VERDICT–ORANGE BOX - PAGE 55 - ANSWER

The Bean v. Turk Case should be tried in the federal courts. The case falls within the qualifications of the federal courts, which have priority in cases within their jurisdiction.

JURISDICTION OF THE FEDERAL COURTS There are 3 levels of federal courts with

general jurisdiction: federal district courts, federal courts of appeals, and the U.S. Supreme Court.

A court with general jurisdiction can hear almost any kind of case.

A court with special jurisdiction hears only one specific type of case.

The state and federal legal system has three branches of government.

FEDERAL DISTRICT COURTS Lowest level of federal court with

general jurisdiction

Have original jurisdiction over lawsuits between citizens of different states and federal questions and/or more than $75,000 must be in dispute in federal diversity of citizenship lawsuits.

FEDERAL COURTS OF APPEALS There are 13 federal courts of

appeals

They have appellate jurisdiction over the district courts, certain specialized federal courts, and many federal administrative agencies.

UNITED STATES SUPREME COURT (USSC) The USSC issues the final

decision on all matters of law appealed to them.

WHAT’S YOUR VERDICT? - PAGE 58 Can she do so?

WHAT’S YOUR VERDICT? - PAGE 58 - ANSWER Annie could not take her appeal

directly to the U.S. Supreme Court, much less the state supreme court.

STRUCTURE OF STATE COURT SYSTEMS The state court system consists of:

State Trial Courts, State Court of Appeals, and the State Supreme Court.

STATE TRIAL COURTS known as circuit courts They review the decisions of or handle

appeals from courts of more specialized jurisdiction under them.

In most cases, state trial courts actually retry the case to make a proper record for the purpose of potential appeals (court record).

Some cases will use a jury, while some cases are determined by the judge.

STATE COURT OF APPEALS

The state court of appeals has a panel of no more than 3 judges

The panel evaluates the record of the case and hears the attorneys’ oral and written arguments.

No new evidence can be heard at this level

The panel will then make a decision, if the law was correct or not.

If it was correct the judgment would stand, if it was incorrect then in most cases, they would send it back down for a new trial.

STATE SUPREME COURT Only cases with the most complex legal

issues are taken to the justices (title given to the judges who sit on state supreme courts and the Federal Supreme Court) of the state supreme court.

State supreme courts issue the final decision on matters of law appealed to them unless the U.S. Constitution or other federal issues are involved.

WHAT’S YOUR VERDICT? – PAGE 59 Will Reid be treated differently in

juvenile court than in an adult criminal court?

WHAT’S YOUR VERDICT? – PAGE 59 - ANSWER Reid would not be treated as an

adult. He would be entitled to a juvenile court hearing where his age and level of maturity would be considered.

STATE COURTS WITH SPECIALIZED JURISDICTION Courts that take care of specialized or

relatively minor jurisdiction are as followed: associate circuit, municipal, small claims, juvenile, and probate courts.

ASSOCIATE CIRCUIT COURTS OR COUNTY COURTS This court hears minor criminal cases,

state traffic offenses, and lawsuits in which relatively small amounts are involved (usually no more than $25,000)

CITY OR MUNICIPAL COURTS Cities typically have courts that

administer their ordinances

Municipal courts are usually divided into criminal and traffic divisions.

Less serious violations occurring within city limits are brought before such municipal courts for their first trial.

SMALL CLAIMS COURTS Minor individual suits would not often be

heard if not for the small claims courts.

These courts handle disputes in which small amounts, generally $2,500 or less, are involved.

Example: Judge Judy

JUVENILE COURTS Juveniles are over 13 and under 18 years of age

in most states. Juveniles are in most cases, not convicted as an

adult. Courts ensure that most of the criminal cases

involving juveniles do NOT become public knowledge.

The courtroom is closed while an informal hearing into the charges are being conducted.

Any records that are made on juvenile cases are NOT open to the public.

The emphasis for juveniles generally is on rehabilitation, NOT punishment.

http://crime.about.com/b/2012/03/20/supreme-court-to-hear-juvenile-cases.htm

PROBATE COURTS Courts that administer wills and

estates are called probate courts.

When individuals die, their property and other interests must be divided according to their wishes and the appropriate laws.