the us court system
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The US Court System. Settling Disputes. Court should be a last resort. How can we solve conflict without litigation?. Conflict. Conflict is inevitable, so we need to consider how we handle conflicts in our everyday lives. - PowerPoint PPT PresentationTRANSCRIPT
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