3
CHAPTER
Court Systems
3-1 Forms of Dispute Resolution
3-2 The Federal Court System
3-3 State Court Systems
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3-1 Forms of Dispute Resolution
GOALS
 Explain how disputes can be settled
without going to court
 Name the different levels of courts and
describe their powers
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FOCUS
 What two types of courts are used in
our legal system to settle disputes?
Trial and Appellate
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DISPUTE RESOLUTION
 How can disputes be resolved without going to
court?
 Often best for both parties in a dispute to settle between
themselves.
 Costs less and if you settle yourself you might be able to get to a win-win
solution.
 Can use a mediator – independent third party to help develop a
solution acceptable to both sides.
 Mediator solutions are not legally binding
 May hire an arbitrator – holds informal hearing to determine
what happened.
 Arbitrator decision is legally binding to both parties
 Their decisions can be enforced by court order
 It can be in a contract that you need to settle disputes by arbitration
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DISPUTE RESOLUTION
 How do courts settle disputes?
 Court – a governmental forum that
administers justice under the law
 Decides disputes between private individuals
and in criminal cases
 May award damages or order other
appropriate relief and impose punishment
(fines/imprisonment) in criminal cases.
 Courts are to be impartial and make
decisions using thorough procedures.
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DISPUTE RESOLUTION
 Trial courts – court where dispute is first heard
 Hears witnesses testify
 Reviews evidence
 Applies what it selects as appropriate law to reach the
verdict (decision)
 Has Original jurisdiction – original power to decide the
case.
 Members of trial court
 Judge
 Lawyers (officers of the court)
 Clerks – keeps records of proceedings and computes court
costs
 Sheriffs serve as bailiffs who summon witnesses and keep
order in the court and take steps to carry out judgments in
the state court system. (Marshals in federal court)
 Juries sworn by court to decide issues of facts
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DISPUTE RESOLUTION
 Appellate courts – reviews decisions of
lower courts when a party claims an error
was made during the lower court’s
proceedings.
 They determine only with errors in law
 They examine the transcript (verbatim record
of the trial)
 They read appellate briefs (written arguments
on the issues of law submitted by the
opposing attorneys)
 They often listen to attorneys’ oral arguments
 Judges can question the attorneys
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DISPUTE RESOLUTION
 Appellate courts can decided whether the
decision of the lower court was
 Right (Uphold)
 Should be reversed (Overturned)
 Changed
 Sent back to the trial court for corrective
action or possibly a new trial. (Remanded)
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3-2 The Federal Court System
GOALS
 Identify the source of power of the
federal courts
 Name the various levels of federal
courts and describe their jurisdictions
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FOCUS
 Where did the federal courts receive their power?
 From the Constitution (Article III, Section I)
 Originally the founders did not believe that a federal
supreme court was necessary. Why do you think?
 The presumed that disputes between the
citizens of various states could be fairly litigated
in the state court system.
 Why do you think a federal court system is
necessary?
 To provide a neutral forum for the resolution of
significant disputes.
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ORIGIN OF THE FEDERAL
COURT SYSTEM
Judiciary Acts established:
 U.S. Supreme Court
 13 district courts
 Federal Courts of Appeal
 Specialized courts – hears only one
type of case
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JURISDICTION OF THE FEDERAL
COURTS
 Federal District Courts – lowest level of
federal court with general jurisdiction
 A trial court of the federal system
 Jurisdiction over
 federal questions, or
 cases that arise under the Constitution,
 US law,
 US treaties and
 Laws suits between citizens of different states
 Law suits between US citizen and foreign nation or
citizen
 More than $75,000 must be in dispute in federal
diversity of citizenship lawsuits
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FEDERAL COURT SYSTEM
Chapter 3
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JURISDICTION OF THE
FEDERAL COURTS
 Federal Courts of Appeals – appellate
jurisdiction over the district courts, certain
specialized federal courts and many federal
administrative agencies.
 No appellate court can change the factual determinations
of a jury
 There are 13 federal courts of appeal.
 12 are circuit courts assigned by geographic area
 1 dedicated to federal circuit and handles patent cases
from district courts and appeals from federal courts with
special jurisdiction
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FEDERAL COURT SYSTEM
Chapter 3
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JURISDICTION OF THE FEDERAL
COURTS
 United States Supreme Court – has both
original and appellate jurisdiction.
 Hears cases affecting ambassadors and other public
ministers
 Cases in which a state shall be party.
 Hears appeals from the US Court of Appeals or from the
highest courts of the states
 If case contains constitutional issues important enough
for them they issue a writ of certiorari to the last court
case was in (order that compels the state court to turn
over the record of the case for review)
 Jurisdiction over state supreme court cases is limited to
those in which a federal question of law or on US
constitution.
Chapter 3
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FEDERAL COURT SYSTEM
Chapter 3
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Jurisdiction
 Jurisdiction – the authority of a
court to hear (try and decide on)
a case
 4 Types of Jurisdiction:
Exclusive Jurisdiction – only
federal court has authority to
hear, state court cannot
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Jurisdiction
Concurrent Jurisdiction – federal
or state court could hear
Original Jurisdiction – court is the
first one to hear a case
Appellate Jurisdiction – court can
only hear a case on appeal
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Jurisdiction
 U.S. District Courts have original
jurisdiction
 The Court of Appeals has appellate
jurisdiction
 Supreme Court has both
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Appointment of Judges
 President nominates someone to
become a judge
 Senate majority vote confirms
 Remember – Senatorial Courtesy!
 Judges serve for life
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3-3 State Court Systems
GOALS
 Compare the structure of a typical state
court system with the structure of the
federal courts
 Identify typical state courts of
specialized jurisdiction
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FOCUS
 What is the primary difference between
the federal court system and a state
court system?
The types of specialized courts:
Federal: Bankruptcy, court of international trade, tax
court
State: probate, juvenile, family, small claims
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A TYPICAL STATE COURT SYSTEM
3 tier system like
the federal system
Geographically
based trial courts
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A TYPICAL
STATE COURT SYSTEM
 State trial courts
 Courts with general original jurisdiction over both
criminal and civil matters are known as circuit
courts. (Also known as superior court, district
courts or courts of common pleas)
 Court of Record – keeps an exact account of
what goes on at trial. (transcript, evidence,
statements, determinations of the court officials
and the judgment of the court)
 They review the decisions of courts of specialized
jurisdiction.
Chapter 3
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A TYPICAL
STATE COURT SYSTEM
 State courts of appeals
 No more then 3 judges on panel.
 Can hear oral arguments by attorneys, no new evidence.
 May apply correct law, send back to lower courts for new
trial.
 State supreme courts
 Typically you are entitled to one trial and one appeal if filed
in a timely manner.
 Only those with most complex legal issues are taken to
supreme court.
 Issue the final decision on matters of law appealed to them.
If constitutional or other federal questions may appeal to US
supreme court.
Chapter 3
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A TYPICAL STATE COURT SYSTEM
Chapter 3
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STATE COURTS WITH
SPECIALIZED JURISDICTIONS



Associate circuit courts – also known as county courts
 Deal with minor criminal cases, state traffic offenses and
lawsuits with small amounts less than $25,000
 Not typically court of record
 Appeals can go to state trial court
City or municipal courts – administer their ordinances.
 Typically divided into traffic and criminal divisions.
 Can be appealed to state trial court
 Ordinances are not considered criminal lawss.
Small claims courts – handle disputes in which small amounts
less than $2,500.
 No jury just judge
 Can be appealed to state trial court
Chapter 3
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STATE COURTS WITH
SPECIALIZED JURISDICTIONS
 Juvenile courts – 13 years old to under 18 years old.
 Not held as accountable as adults
 Greater emphasis on rehabilitation than punishment.
 Can release to supervision of parents, placed in foster
homes or detention in correctional facilities
 Courtroom is closed during informal hearing
 Judgments not open to the public.
 If rehabilitation fails can be tried and punished as an
adult.
 Appeals to are directed to circuit courts
 Probate court – courts that administer wills and
estates
Chapter 3
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