Chapter 3:
Court Systems
3.1: Forms of Dispute Resolution
3.2 The Federal Court System
3.3: State Court System
Chapter 3 Vocabulary
O Litigate
O General jurisdiction
O Mediation
O Specialized jurisdiction
O Arbitration
O Writ of Certiorari
O Court
O Court of record
O Trial Court
O Verdict
O Associate Circuit Court
O Original Jurisdiction
O Appellate Court
O Transcript
O Appellate briefs
O County Courts
O Municipal Courts
O Small Claims Courts
O Juvenile Courts
O Probate Courts
Chapter 3 Learning Targets
O Explain how disputes can be settled without going to
O
O
O
O
O
court
Name the different levels of courts and describe their
jurisdictions and powers
Identify the source of power of the federal courts
Name the major federal courts and describe their
jurisdiction and powers
Compare the structure of a typical state court system
with the structure of the federal courts
Explain the jurisdiction of the specialized courts in a
typical state system
Forms Dispute Resolution
O Litigate
O Going to court to resolve their disputes
O Best solution can be negotiating a
settlement instead of going to court
O Mediation
O Arbitration
Dispute Resolution – No Court
O Mediation
O Independent third party who tries to develop
a solution acceptable to both sides
O Actions of mediator are advisory
O Decision is NOT legally binding
O Arbitration
O Holds informational hearing to determine
what happened
O Decision is binding
Courts Settle Disputes
O Court
O Governmental forum that administers justice
under the law
O Decide disputes between private individuals
and try criminal cases
O Awards damages or other appropriate relief in
resolving private disputes and impose
punishment (fines and/or imprisonment) in
the criminal cases
Trial Courts
O Court where the dispute is first heard
O Hears the witnesses testify and reviews
evidence to determine the facts
O Verdict – decision of the case
O Trial court has original jurisdiction – power
to make initial decisions of facts and law
Trial Courts
People of the Court
O Judge – chief officer of the court
O Lawyers – officers of the court
O Clerks – administrative duties (enter cases on
the calendar, keep records, court costs)
O Sheriffs serve as bailiffs – summon witnesses
and keep order in court
O Jury – decide issues of fact
Appellate Courts
O Review decisions of lower courts when a party claims
error of law was made during the lower courtʼs
proceedings.
O Examine the transcript
O Verbatim record of what went on at trial
O Review appellate briefs
O Written arguments on the issues of law – written by the
opposing attorneys
O Decision
O Affirm (upheld), reverse (overturned), amend (change),
remanded (sent back to the trial court for corrective
action or possibly a new trial)
Jurisdiction of the
Federal Courts
O Three levels of courts with general
jurisdiction
O Federal district courts
O Federal court of appeals
O U.S. Supreme Court
O General jurisdiction
O Can hear almost any case
O Specialized jurisdiction
O Hears only one type of case
Federal District Courts
O Lowest level of court with general
jurisdiction
O Jurisdiction to hear:
O Federal questions or cases that arise under
the Constitution, U.S. law, and U.S. treaties
O Lawsuits between citizens of different states,
between a U.S. citizen and a foreign nation or
a citizen of a foreign nation (diversity of
citizenship) – more than $75,000 in question
Federal Court of Appeals
O Appellate jurisdiction over district courts
O Cases appealed from the lower courts
O No new evidence
O Review trial transcripts, appellate briefs, and
oral arguments of the attorneys
O 13 Federal Courts of Appeal
O 12 are circuit courts – geographic area
O 1 – Federal circuit – specialized jurisdiction
U.S. Supreme Court
O Original jurisdiction
O “Cases affecting ambassadors, other public
ministers and consuls and those in which a
state shall be party”
O Appellate jurisdiction
O Constitutional issue – issues writ of certiorari
O Writ of certiorari
O Order to a lower court to produce the record
of a case for the Supreme Court to review
State Court Systems
O Resembles federal court system
O Legislature – makes the laws
O Executive branch – enforces laws
O Judicial branch
O Trial courts – geographic and specialized
jurisdiction
O Appellate courts
O State Supreme Courts
State Trial Courts
O Circuit courts
O General original jurisdiction over criminal and
civil matters
O Court of record
O Exact account of what happens at a trial
O Transcripts, evidence, statements, judgments
of the court
O Jury determines the facts of the case
State Court of Appeals
O Appeal from a court of record is reviewed
O Three judges review the case
O Same as federal appellate
O No new evidence
O Evaluates the record of the case
O Check that lower court used the correct law
O Decision – affirmed, reversed, amended,
remanded
State Supreme Courts
O Panel of three or more justices reviews the
case on appeal
O Issue final decision on matters of law
O Appeal may go to the U.S. Supreme Court
State Courts with
Specialized Jurisdictions
O Associate Circuit Courts
O Hear minor criminal cases
O State traffic offenses
O Lawsuits where less than $25,000 is in
question
O City or Municipal Courts
O Traffic and nontraffic
O Violation of city ordinances
State Courts with
Specialized Jurisdictions
O Small Claims Court
O Disputes for less than $10,000
O No attorneys
O Judge hears case without a jury
O Juvenile Courts
O Juvenile (13 to 18 years old) is entitled to
constitutional rights
O Not public knowledge – closed courtroom
O Rehabilitation – not punishment
O Probate Courts
O Administer wills and estates when someone dies