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Chapter 4 – The Court System
This chapter presents dispute resolution & the courts, along with the state & federal court
systems
Dispute Resolution and the Courts
Dispute
________ or expression of opposing views.
Controversial discussion or debate. Ill tempered altercation
Dispute Resolution & the Courts
Discussion The injured party tries to
__________ the problem calmly with the ____________.
Many times a _____________________ can be reached.
Dispute Resolution & the Courts
Mediator ________ ________ ______ who tries
to develop a non-binding solution to both sides of a dispute.
The mediators actions are advisory. Arbitrator
Independent third party who develops a ______________ &
___________ resolution to a dispute
Dispute Resolution & the Courts
Litigate Taking disputes to _________
Why not just go right to court? To avoid the ___ , __ , & ____________ of a
court trial.
The Courts Court
______________ ___________ that administers justice under the law.
Courts rule on ____________ cases, and ____________ disputes.
Civil disputes may be resolved by __________ __________ or other relief
Criminal cases may be resolved by ____________ punishments.
Different Levels of Courts
Trial Courts First court to hear a dispute
Original _______________ over the case Witnesses _____________ & other info is presented to prove the alleged facts
Components ___________ , _________ , Clerks, Sheriffs, Marshals, Bailiffs
& ______________
Different Levels of Courts
Appellate Courts Reviews decision of __________ ___________
when a party claims an error was made during the previous proceeding
Do NOT hear _________________ Generally do NOT accept new
________________ They examine the ______________, which are a
verbatim record of what went on at trial They read _____________ briefs, which are
written arguments on the issues of law
Court Decisions Appellate Court Decisions
_____________ - Uphold the decision of the lower court _____________ - Overturn the decision of the lower court _____________ - Change the decision of the lower court _____________ - Send back to lower court for corrective action or a new trial
Jurisdiction
General Jurisdiction Can hear almost _______ kind of
case Special Jurisdiction
Hears only a __________ type of case
Federal Court Federal District Courts
__________ level of the Federal Courts Trial court of the federal system Jurisdiction over
U.S. ____________, U.S. Laws and treaties
U.S. ____________ and foreign nations U.S. Citizens & foreign citizens
Federal Court
Federal District Courts Diversity of Citizenship cases
must be valued at over $___________ in order to be heard in federal court
Federal Courts of Appeals _____ federal courts of appeals
Supreme Court U.S. Supreme Court
Has both ______________ and _____________ jurisdiction
Appellate jurisdiction over U.S. Courts of ___________, and over the highest courts of the __________
Writ Certiorari Order that compels a _______ court to turn over the record of the case to the ______________ ____________
Small Claims Court
Small Claims Courts $___________ or less Attorneys are generally _________
involved
Goals
Compare the structure of a typical state court with the structure of the federal courts
Identify typical state courts of specialized jurisdiction
Discuss the jurisdiction of the various typical state courts
QUESTION: What is the difference between a
federal court and a state court?
State Trial Courts
A/K/A Circuit courts, Superior courts, Courts of common pleas, District courts
All state courts of records Keeps an exact account of what goes on at
trial Why is this important? What records do you think they keep track of… ie. Transcript of what said, _____________ submitted, statements / determinations of the judge & the judgement(s) rendered
State Courts of Appeals Trial court cases appealed to this level Panel of judges that review an appeal in a
court of record Panel usually consists of no more than 3
judges Panel evaluates the record of the case and
then considers the attorneys’ oral and written _________________
No new __________ / No new ____________
State Supreme Court
Generally, this is the highest level of courts in the state, except in NYS (Court of Appeals)
_________ is the title given to the judges who sit on state supreme courts and the federal Supreme Court
Only cases that involve the most complex legal issues are taken to the justice
Decision is binding unless _________________ or Federal issues are involved. If so, the decision can be appealed to the USSC
State Courts with Specialized Jurisdiction
Associate Circuit Courts City or Municipal Courts Small Claims Courts Juvenile Courts Probate Courts
Associate Circuit Courts Courts below a state courts general jurisdiction Also known as __________________ Hear minor criminal cases, state traffic
offenses, and lawsuits in which relatively small amounts are involved (less than $______________)
Not courts of record Take a burden off higher courts, appeals from
their decisions can be taken to the ___________ courts for a trial on the record
City or Municipal Courts
Courts that administer a city’s ______________
Usually divided into traffic and criminal divisions
Less serious violations occurring within _________ limits are brought before such municipal courts for their ________ trial
Result can be _________ to the circuit court level
Small Claims Courts Minor individual suits are heard Handle disputes in which small amounts,
generally $_________ or less are involved Attorneys are usually not allowed Judge hears the case without a jury or
formal rules of evidence Decisions of small claims court can be
_________ to the circuit court
Juvenile Courts
Juveniles are younger members of society (__-__yrs)
Juveniles are allowed their full constitutional rights, including the right to be represented by an ________
Juveniles usually receive sentences of ____________ rather than punishment
Possible determinations are: Release into the supervision of parents,
guardians, or governmental officials; placement in foster homes; and detention in correctional facilities