Mr. Valanzano Business Law. Dispute Resolution Litigate – ________________________________________________ In some cases, people decided too quickly to.

Mr. Valanzano

Business Law

Dispute ResolutionLitigate – ________________________________________________

In some cases, people decided too quickly to take a dispute to court. The issue could have been settled _______________________________.

Mediator – ___________________________________________________ _____________________________________________________________

A mediator’s actions are ________________ and are not legally binding.

Arbitrator – __________________________________________________ _____________________________________________________________

An arbitrator’s decision is ___________________ and could be enforced by a court order if necessary.

Using a third party is ___________ and ___________ than going to trial.

CourtsCourt – ________________________________________________

______________________________________________________

Courts decide _________________ and _____________________.

A court may award _________ in civil cases, __________________ in criminal cases, or grant other appropriate relief.

Courts follow __________________ and thorough procedures to make decisions.

In a trial, witnesses are compelled to give testimony and the accused party (_______________) is allowed equal opportunity to argue their side of the case.

The accusing party is called the ________________.

Trial CourtsTrial Courts – __________________________________

_______________________ – power to hear the case in full for the first time and make the first ruling

People involved in a trial: __________________ __________________ ___________ – enter cases on the court calendar, keep

records of proceedings, and compute court costs Sheriffs or Marshals – serve as ___________ who summon

witnesses, keep order in court, and take steps to carry out judgments

Juries – ______________________________________________ _____________________________________________________

Appellate CourtsAppellate Courts – ____________________________________________

____________________________________________________________

Appellate courts ___________________________ and generally ______ ________________________________________________.

Concerned with _____________________ rather than questions of fact.

Appellate courts review a transcript (___________________) of the trial and appellate briefs (arguments on the issues of law).

After listening to the attorneys’ arguments and question attorneys about a case, the appellate court will decide if the decision should be:

Affirmed (________________) Reversed (________________) Amended (________________) __________________ (sent back to trial court for corrective

action or possibly a new trial)

Federal Court System3 levels of federal courts –

________________________, ____________________, and the ___________________

General Jurisdiction – ___________________________ ______________________________________________

Special Jurisdiction – ____________________________ ______________________________________________

Federal District CourtsLowest level of federal court with

_____________________.

_____________________ of the federal court system.

Power to determine facts and make initial determinations of the law to use in deciding a case.

Federal district courts have original jurisdiction over: Federal questions or cases that arise under the

________________, ___________, and __________________ Lawsuits between ___________________________________ Lawsuits between ___________________________________ Lawsuits between a U.S. citizen and a citizen of a

foreign nation (__________________________________)

Federal Courts of AppealsHave _________________________ over federal

district courts, certain specialized federal courts, and many federal administrative agencies.

No appellate court, not even the Supreme Court, can change the ____________________________________.

There are ______ federal courts of appeal:12 are responsible for an assigned area of the U.S.1 is dedicated to the “federal circuit” which

handles patent cases and appeals from federal courts with special jurisdiction

The U.S. Supreme CourtHas both ____________ and _______________

jurisdiction.

____________________ over “cases involving ambassadors, other public consuls, and cases in which a state will be one party.” (Constitution)

______________________ over cases on appeal from federal courts of appeals and highest state courts.

Writ of Certiorari – _________________________________ __________________________________________________

_______________________________________

State Court SystemCourts of general jurisdiction –

_______________________ __________________________________________________

State court systems are very similar to the federal court system.

In state appellate courts, cases are reviewed by a _________ ________________________________________.

State supreme courts often operate in the same manner as state appellate courts.

If there is a Constitutional or other federal issue involved, a further appeal can go to the __________________________.

Specialized State CourtsAssociate Circuit Courts –

______________________________________ _____________________________________________________________

_________________________ – city courts that are usually divided into traffic and criminal divisions dealing with less serious violations of state laws within city limits

Small Claims Courts – _________________________________________ _____________________________________________________________

______________________________ – special courts set up to hear cases involving those between the age of 13 and 18; most juvenile cases do not become public knowledge and focus on rehabilitation, not punishment

Probate Courts – ______________________________________________

Although most cases in these specialized courts are not on record, the decisions can be appealed and sent to a circuit court for a trial on the record.

Steps in a Trial1) _____________________________

2) _____________________________

3) ________________________________________________

4) _____________________________

5) _____________________________

6) _____________________________

7) ___________________________

Jury Selection__________ are selected for a courtroom from

the pool of available jurors.

The ________ and ___________ question the potential jurors to determine if any juror has a _______________ in the case, or a ___________ or ___________ that may influence them as a juror.

The attorneys may challenge some jurors and ask the court to excuse them from the trial.

_______ is the most common amount of jurors hearing a case.

Opening StatementsEach side (____________ and __________) may

outline the ___________ to be presented to the jury during the trial.

Opening statements ____________________________, only expectations of what each side expects the evidence to prove.

Presentation of Evidence & Testimony of Witnesses The ________________ case is presented first. As each witness testifies, the side that

called the witness asks questions in ________________________.

Then the side that did not call the witness has an opportunity to ask questions in ______________________________.

_________________________, such as documents, weapons or photographs are admitted into ____________________ and numbered for identification.

During the trial, if one attorney ___________ to a question, they present their objection to the judge. These are questions of ______________________ and may be argued out of the hearing.

The judge will advise the jury of ____________________________________________________ ________________________________________________________________________________.

A ruling by the judge to ________________________________ an objection does not mean that the judge is taking sides. ____________ is being applied which permits or does not permit the question to be asked or the answer to the question.

When each side has presented all their evidence, they “_________" their case.

Closing ArgumentsThe attorneys ______________________ and try

to __________ the jury to find in favor of their client.

The plaintiff has the ______________________ and therefore has the opportunity to open and close the arguments.

Burden of Proof – ___________________________ ___________________________________________

Presentation of Jury InstructionsAlso called “_____________________.”

The judge reads the ____________________ to the jury, defines the _________ the jurors must decide and informs them of the _____ ________________________________.

Jurors may not decide cases based on the laws as they would like them to be but must _____________________________________.

Deliberation & Verdict The jury retires to the

_____________________________________________________.

The jury first elects a ________________ who will see that discussions are conducted in a sensible and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate.

If the jurors have a question during their deliberation, they may write it down and have the bailiff deliver it to the judge.

When a verdict has been reached, the jurors agreeing to the verdict sign the form and notify the bailiff. The verdict is read by the clerk and the judge dismisses the jurors.

Hung Jury - ______________________________________________________________ ________________________________________________________________________

The result of a hung jury is often a _______________. In ____________ cases, the jury must come to a ________________ decision. In ______________ cases, the jury must come to a _________________ decision.

The government may retry any defendant on any count (____________) in which the ___________________________________.