The US Court System

The US Court System

COURT SHOULD BE A LAST RESORT.

HOW CAN WE SOLVE CONFLICT WITHOUT LITIGATION?

Settling Disputes

Conflict

Conflict is inevitable, so we need to consider how we handle conflicts in our everyday lives.

Conflict can actually be productive, as problems between people and entities are settled and moved past.

Think of a recent conflict in your life that involves another person or entity (work, gov’t, etc). If resolved, how did you go about doing this? If unresolved, what do you think is the first step to

addressing and resolving this conflict?

Methods for Solving Disputes

Method Description When to UseInformal talk

•Informal, personal discussion

Friends, Parents, School

Ideal for many types personal of problems

Negotiation

•Discussion or conference to try to resolve problem•Only includes the parties involved

SchoolWorkplacesDivorce and family conflicts

Slightly more structured than an informal talk

Methods for Solving DisputesMethod Description When to UseMediation •Third party hears and

helps those involved talk about the conflict, then proposes a solution(s)•Parties are NOT REQUIRED to accept solution

•Lawyers can be present•Mediator is usually hired from outside source

DivorceChild custodyLandlord-tenantNeighbor disputesWorkplace disputes

When the conflict cannot be resolved by the parties alone.

Can also be used in less formal situations like in school (dispute between teacher/student or student/student)In NC, civil cases headed to the

Superior Court (civil cases over $10,000) must have the parties attend

mediation sessions to try to reach a settlement pre-trial cuts down court

costs

Methods for Solving Disputes

Method Description When to UseArbitration

•Conflicting parties agree to have one or more persons listen to their arguments and make a decision for them.•REQUIRED to take decision

•Arbitrator acts as “judge”

Labor-management disputesSome international law cases

Methods for Solving Disputes

Method Description When to Use

Litigation •Court action

•Small claims court without jury•Required to take decision by judge (or jury if appealed)

When all other methods of dispute resolution have failed

Litigation is expensive, time consuming, and binding.

Small Claims Courts

Jurisdiction

the proper court in which to bring a particular case and the duties of that court

Original Jurisdiction Appellate Jurisdictioncourt empowered to conduct a trial in the case

court may only review the trial court proceedings for error

•Presentation of evidence•1 Judge•Jury, when applicable

•No new evidence•Panel of 3+ Judges•No jury

Small Claims Court

AKA “Magistrates”Original jurisdiction

Civil courts Recovery of money (less than $5,000) Recovery of specific property Summary ejectment (eviction)

Plaintiff – party suingDefendant – party being sued

Advantages Inexpensive Attorneys not required - plaintiff and defendant represent themselves No juries – judge makes decision immediately Can appeal the judge’s decision

Taking Your Claim to Small Claims Court

1. Determine eligibility Civil case under $5,000 Discuss with courthouse clerk (call or visit)

2. File your claim Do the paperwork (and file proper complaint) Pay appropriate fees

$96 to file $30 for each defendant

Taking Your Claim to Small Claims Court

3. Prepare for the case The court will notify the parties of the trial date Gather evidence (receipts, letters, contracts, etc)

Plaintiff’s PreparationNeeds to prove…

•Why the defendant owes money

•Why the defendant should return property

•Why the defendant must vacate the property

Defendant’s PreparationNeeds to prove…

•Money is not owed, or you owe less

•Property shouldn’t be returned

•Forced eviction is not necessary, either because money is not owed or the landlord has failed to maintain property

Taking Your Claim to Small Claims Court

4. Go to court with confidence Be on time, dress professionally Present your case calmly and accurately Listen carefully to the judge’s instructions If you are the plaintiff and you don’t show up, your

case will be dismissed. If you are the defendant and you don’t show up, the

judge will rule against you.

Taking Your Claim to Small Claims Court

5. The Verdict Judge issues verdict (decision) In NC, either party can appeal the judge’s ruling

within 10 days. A new court date will be set for a trial in the NC

District Courts, with a jury if you request at time of appeal.

State and Federal Court Basics

The Court System

Federal Courts Supreme Court (highest in

US) – power of judicial review

Trial and appeals courts

State Courts State Supreme Courts

(highest in state) Trial and appeals courts Magistrates and small

claims courts

Trial Courts

Listen to testimony, consider evidence, and decide the facts in a disputed situation Original jurisdiction

Civil TrialsCriminal Trials

Plaintiff

Party suing/bringing

the case to court

Defendant

Party being sued

Prosecution

Government bringing the case to court

Has burden of proof – must prove

guilt beyond reasonable doubtParties can be comprised of an

individual, groups of individuals, company, gov’t, etc

Defendant

Person/entity being accused of a

crime

Judges

Preside over trialsEnsure attorneys follow rules and procedures

Nonjury trials – considers evidence and renders a judgment

Jury trials – instructs the jury as how to act considering the law Criminal trials – jury acquits or convicts and judge

delivers sentence

Juries

6th Amendment – right to jury in federal and state criminal trials

7th Amendment – right to jury in federal civil cases over $20 Most state constitutions allow for a jury in state civil

trials

Civil Trials Criminal Trials

Plaintiff or Defendant may request jury

Most cases are decided before litigation settlements

Defendant may request jury

Most cases are decided before litigation plea bargain

Juries

We will talk more about juries later…

Steps in a Basic Trial

Opening Statements by P then D

Direct Examination of Witnesses by P

Cross-Examination by D

Motions(Judge can dismiss

the case if the P has not established a

case)

Direct Examination of Witnesses by D

Cross-Examination by P

Closing Statements by P

then D

Rebuttal Argument

(P can make more closing statements that respond to D’s closing statement)

If applicable, Judge instructs Jury on the law that applies in this case, and their

task at hand

Verdict(Depending on case,

unanimous jury is required; hung jury

= mistrial)

Appeals Courts

A court that reviews a previous court’s ruling Appellate jurisdiction Appellant– asks court to review the previous ruling Respondent– defends the previous ruling

Only lawyers and a panel of judges (3+) who make decision

No juries, witnesses, or new evidence

When to Appeal?

Possible to appeal a ruling when the losing party feels that the trial court made an error of law Occurs when the judge makes a mistake as to the law

applicable in the case Wrong jury instructions Permission of evidence that was not allowedReversal/Remand

Rule in favor of appellant

Send case back to trial court because of an error

Uphold/Affirm

Rule in favor of respondent

Agree with the trial court’s decision and let it stand

- OR -

NC Supreme

CourtCourt of Appeals

Superior Court

District Courts

Small Claims -

Magistrates

NC (State) Court System

Magistrates

Officers of the district courts2 year terms, appointed by Senior Superior

Court Judge Accept guilty pleas for minor misdemeanors Accept payments for traffic infractions Hear and decide small claims (less than $5,000) Issue arrest and search warrants Hold bond hearings to set bail Perform marriage ceremonies Other actions

NC District Courts

Original jurisdiction 270 judges, sits in the county seat of each county

Full time, cannot practice private law Elected to 4 year terms Decides most cases

Elected District Attorney (represents the state in criminal trials)

Type of Case Examples Jury?Civil Divorce

Child custody/supportUp to $10,000

If requested for cases involving disputed money

Criminal Misdemeanors NoJuvenile 16 and under No Magistrate (small claims) appeals

Small claims appeals If requested at time of appeal

NC Superior Court

Original jurisdiction8 divisions 112 judges

Elected to 8 year terms

Type of Case Examples Jury?Civil Over $10,000 If requestedCriminal All felonies YesProbate Distributions of

estatesGuardianshipTrusts

If requested

NC Court of Appeals

Appellate jurisdiction – March 2014 CalendarDowntown Raleigh15 Judges

Elected to 8 year terms Sit in panels of 3

No juryAll civil and criminal appeals from the lower courts

(District and Superior)

DOES NOT hear appeals to 1st degree murder convictions with a death sentence (NC Supreme Court)

NC Supreme Court

Appellate jurisdiction Downtown Raleigh

March 2014 Calendar 7 Justices

1 chief, 6 associates Elected to 8 year terms

No jury

Hears cases involving… Issues surrounding the NC Constitution When dissent (disagreement) in Court of Appeals Significant public interest issues Appeals from convictions imposing death sentences in 1st degree murder cases

NC Attorney General (Roy Cooper) represents the state when the state is a party.

US Supreme

CourtUS Courts of Appeals

US District Courts

US (Federal) Court System

Original Jurisdiction for Federal Trial (District) Courts

Cases concerning… Constitutional law Federal laws and treaties Admiralty and maritime issues Citizens of different states that concerns over $75,000 Crimes involving federal officials (ex: murder of an FBI agent) Bankruptcy

Cases when… The US federal gov’t is a party A state and citizens of another state are in dispute States are in dispute

Federal vs State Crimes

US District Trial Courts94 District Courts

At least 1 per state (NC = 3) At least 2 judges/district

Original jurisdiction Bankruptcy (70% of all federal

district trials per year) Civil cases concerning the

Constitution, laws, and treaties Criminal cases for federal

crimes Held in the state where the

crime occurred

Judge and 12 member jury Judges appointed by POTUS,

approved by Senate (life terms)

US Circuit Court of Appeals

12 Regions – 13 Courts 1 appeals court per region

+ 1 appeals court for the Federal Circuit Jurisdiction defined by

issue, not geography 6-27 judges per circuit

Appellate jurisdiction Did the trial court apply

the law correctly? No new evidence, no jury Panels of 3 Judges Judges appointed by

POTUS, approved by Senate (life terms)

4th Circuit (includes NC)

Court in Richmond, VA15 active Judges

Most efficient – average of 7 months to resolve appeals

Advised by the Supreme Court’s Chief Justice

Most “collegial” – Judges often personally greet lawyers

Conservative reputation, however moving towards center

Writ of Certiorari

The losing party in the federal court of appeals, or highest state appeals court, can file a writ of certiorari – a document requesting that the Supreme Court review the case The SC does not have to

hear the case

US Supreme Court

9 Justices 1 Chief Justice 8 Associate Justices Appointed by

POTUS, approved by Senate

Life terms

Rulings are finalJudicial ReviewOctober-June (8

mo)

S. SotomayorObamaLiberal

C. ThomasBush Sr.

Conservative

A. ScaliaReagan

Conservative

S.G. BreyerClintonLiberal

Chief JusticeJohn G. Roberts

Jr. G.W. Bush

Conservative

S. AlitoG.W. Bush

ConservativeA.M. Kennedy

ReaganModerate

(swing vote)

E. KaganObamaLiberal

R.B. GinsburgClintonLiberal

So You Want to Go to the Supreme Court?

8,000 potential cases/year 80 cases heard (1%) 75% from Federal Appeals

Courts 25% from State Supreme

Courts

2 main reasons why the SC would hear a case… There are very differing

opinions from lower courts The case revolves around

critical national policy issues abortion, affirmative action,

marriage, ACA, gun rights, voting rights, etc

Supreme Court Decisions

Majority Opinion – the opinion of the majority of the justices, the court’s ruling Concurrent opinion – the opinion of those who agree

with the majority’s ruling, but for different reasons

Dissenting opinion – the opinion of the justices who do not agree with the majority.

Supreme Court decisions do not have to be unanimous – many are 5-4 decisions

International Courts

The United Nations (UN) and other organizations have developed courts to apply and enforce international law.

International Court of Justice (1946) UN’s judicial Court Netherlands Disputes between nations

International Criminal Court – “The Hague” (2003) Independent of UN Netherlands Human rights issues – genocide, crimes against humanity, war

crimes

Bush Administration Obama Administration

Did not ratify its creation in 2003

Hostile relationship

Afraid US citizens would be treated unfairly.

Wanted US citizens to be immune from trial in the ICC.

However, the US openly supported ICC trials for war crimes in Darfur, Sudan.

Engaged in talks to reset relationship with ICC

Aims for a positive, cooperative relationship

Openly supports trials for war/humanity crimes.

However, no official move to ratify the ICC.

The US and the ICC