Chapter Three
Abbie Huber & Tony Homeszyn
Forms of Dispute Resolution
SECTION ONE
How can disputes be resolved
without going to court?
Litigate- allowing a court to resolve their disputes
Mediator- one who tries to develop a solution acceptable to
both sides of the dispute
Arbitrator- one who holds an informal hearing to determine
what happened
• When one person injures another or fails to keep a
binding agreement, often the best solution is for the
parties to negotiate a settlement themselves
• Mediator is only advisory
• Arbitrator legally binds settlements
How do courts settle disputes?
Court- a governmental forum that administers justice under
the law
• Courts follow impartial procedures to make decisions
• Accused party is allowed equal opportunity to argue
their side of the case
• Separated into two types of courts:
1. Trial Courts- the court in which a dispute is first heard
2. Appellate Courts- reviews decisions of lower courts
when there is a claim against its decision
Trial Courts
Verdict- decision
Original Jurisdiction- having the power to make initial decisions of
fact and law
• Determines the facts of a case
• Consists of a judge, lawyers, clerks, sheriffs/marshals, bailiffs
and jury members
Appellate Courts
Transcript- a record of what went on at trial
Appellate Briefs- written arguments on the issues of law,
submitted by the opposing attorneys
• Appellate jurisdiction is concerned solely with errors of law
The Federal Court System
SECTION TWO
Federal District Courts
• Hears general jurisdiction (any type of case)
• These courts have original jurisdiction over:
1.
2.
Cases that arise under the Constitution
Lawsuits between citizens of different states or nations
Federal Court of Appeals
• Have appellate jurisdiction over the district courts, specialized
federal courts, and administrative agencies
• Review trial transcripts, appellate briefs, and oral arguments
of attorneys
U. S. Supreme Court
Writ of Certiorari- compels a lower court to turn over the record
of the case to the Supreme Court
• Has original and appellate jurisdiction
• If the USSC believes a case contains a constitutional issue,
they will issue a writ of certiorari to the last court that heard
the case
State Court Systems
SECTION THREE
State Trial Courts
Court of Record- keeps an exact account of what is going on at
trial
• Have general jurisdiction over both criminal and civil matters
• Also known as circuit courts or district courts
• Any appeal filed depends on court of record
State Court of Appeals
• Consists of no more than three judges
• No new evidence is introduced at this level
• May either send case back down for a new trial, reach a new
result using the correct law, or reach an upheld case
State Supreme Courts
• Only cases that involve the most vital and complex legal issues
are taken to the state supreme court
• Panel of three or more judges
• Issues final decision
• Has original jurisdiction over most state impeachment cases
Associate Circuit Courts
County Courts- courts below the main courts of general original
jurisdiction
• Hear minor criminal cases, state traffic offenses, and lawsuits
with small amounts
City or Municipal Courts
Municipal Courts- courts that administer city ordinances
• Divided into traffic and criminal divisions
• Less serious violations that occur within city limits
• Can be appealed to state trial court if necessary
Small Claims Court
• Handle disputes in small amounts ($2,500 or less)
• Attorneys are not required
• Can be appealed to a state trial court
Juvenile Courts
•
•
•
•
Involve younger members of society 13-18 years of age
Juvenile is entitled to his or her full constitutional rights
If guilty, the result is generally rehabilitation, not punishment
Young offender can be tried as an adult if rehabilitation fails or
is impossible (ex. murder)
• Age to be tried as an adult in Michigan is 14 years of age
Probate Courts
• Also called surrogate courts
• Deals with the validity of a will and property of an individual
after their death
Summary
• In Chapter 3 I learned the types of court and the separate
branches of each court. Section One deals with the basics that
make up a court. Section Two deals with the federal court
systems, and Section Three deals with the state court systems.