Chapter 3Court Systems

Law in SocietyMs. Baumgartner

3-1 Forms of Dispute Resolution

• how disputes can be settled without going to court• different levels of courts and describe their powers

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What other courses of action (besides court) might he be able to use?

FORMS OF DISPUTE RESOLUTION

How can disputes be resolved without going to court?

Many people decide too quickly to litigate

Sometimes, it is better for both parties to negotiate a settlement themselves

Together they reach solution face-to-face

Dispute Resolution

As an alternative to face-to-face, parties invite an independent 3rd party to act as a mediator (not legally binding)

Or hire an arbitrator to determine what happened (decision is legally binding)

If those 3 methods don’t work out for you, you will take the dispute to courtCourts decide disputes between private individuals and try criminal casesA court may award damages or order other appropriate relief in resolving private disputesIn criminal cases, punishment (imprisonment and/or worse) may be ordered by the court

Dispute ResolutionTwo levels of courts are involved in deciding a dispute:1. Trial courts

1. Must reach a verdict

2. Trial courts have original jurisdiction over cases

2. Appellate courts1. Examine the transcript

2. They also read appellate briefs

What 2 types of courts are used in our legal system to settle disputes?

3-1 Assessment #1-12

(With Teacher)

Role-play courtroom positions/duties

3-2 The Federal Court System

•Identify the source of power of the federal courts•Name the major federal courts and describe their jurisdiction and powers

JURISDICTION OF FEDERAL COURTS

There are 3 levels of federal courts with general jurisdiction (VS specialized jurisdiction) Federal district courts Federal court of appeals U.S. Supreme Court

Can issue a writ of certiorari

3-2 Assessment # 1-7

Create diagram of Federal Court System (3 levels and how they’re connected)

3-3 State Court Systems

•Compare the structure of a typical state and federal court system

•Explain the jurisdictions of the specialized courts

What’s Your Verdict?

Sheila had a beautiful apartment with a view of the lake. After she had lived there several years, her landlord gave her and the other tenants of the apartment building 30 days to vacate. Sheila sued to prevent the mass evictions. After losing the state trial, she wanted to take the issue to the U.S. Supreme Court. Can she do this?

A Typical State Court System

A typical state legal system resembles the federal system

State legislature MAKES laws, state executive branch ENFORCES laws, state judicial branch holds courts (3 tiers) State trial courts (circuit courts) * State court of appeals * State Supreme Court (controls **)

State Trial Courts

Courts with jurisdiction over criminal and civil cases (also known as circuit courts, district courts or courts of common pleas)

A court of record keeps an exact account of what goes on at a trial

Accuracy is VITAL

Things included: transcript, evidence, statements, verdicts/judgements

State Court of Appeals

An appeal from a court of record is reviewed by a panel of judgesPanel consists of no more than 3 judgesState appellate panel evaluates the case record and listen to arguments No new evidence can be introducedJudges make sure that judges at lower level used correct law to resolve case If not, they apply correct law

State Supreme Courts

Cases that involve the most complete legal issuesJustice is the person who sits on casesPanel of three or more justices review cases on appealState supreme courts issue final decisionIf constitutional/federal question of law, further appeal goes to U.S. Supreme CtState supreme court has original jurisdicion over impeachment cases

State Courts w/ Specialized Jurisdictions

Below the trial courts (circuit courts in most states) are courts with specialized jurisdiction (powers):

Associate circuit (county courts) – hear minor criminal cases, traffic offenses, lawsuits under $25,000

Municipal courts – administer ordinances Small claims – handle disputes in small amounts, less

than $2,500 (attorneys not required) Juvenile – 13-18 years of age (in most states), focuses

on rehabilitation instead of punishment Probate courts - courts that administer wills and estates

according to the deceased's wishes

Juvenile Courts cont.Society typically believes that juveniles should not be held as responsible as adults for their criminal acts

Released into parental custody, foster home placement, detention in correctional facilitiesJuvenile records are sealed to the public and courtroom is closed during the informal hearing

Age tried as an adult in AL = ???

Let’s check out this article…what do you think?

• Read: QUESTION OF ETHICS (p57)• Complete 3-3 Assessment 1-6• Complete Chapter 3 Assessment

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