Name ______________________________________Date __________Class _______________
LESSON 3-1 FORMS OF DISPUTE RESOLUTION
Lesson 3-1 Outline
I.
Dispute Resolution
A. How Can Disputes be Resolved Without Going to Court?
B. How Do Courts Settle Disputes?
1. Trial Courts
2. Appellate Courts
Lesson 3-1 Review
Vocabulary Review
Define each of the following vocabulary terms.
1. litigate
To take disputes to court.
2. mediator A third party brought into a dispute to develop a solution acceptable to both sides
of the dispute. The actions of a mediator are not legally binding.
3. arbitrator A third party, usually hired by both parties who holds an informal hearing to
determine what occurred. An arbitrator’s decision is binding to both parties and can be
enforced in court if necessary.
4. trial court
5. verdict
The first court to hear a dispute.
A decision in a court case.
6. original jurisdiction
The original power to decide a case.
7. appellate court A court that reviews decisions of lower courts when a party claims an error
was made during the previous proceeding.
8. transcript
A verbatim record of what occurred during a trial.
9. appellate briefs
Chapter 3 Court Systems
Written arguments on the issues of law.
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Lesson 3-1 Review (continued)
Concept Review
10. Why should parties to a dispute try to negotiate a settlement without resorting to litigation?
Often a dispute can be settled through a mutually acceptable solution thus avoiding the
costs, delays, and difficulties of a court trial.
11. What are the major differences between a trial court and an appellate court?
A trial court is the court of original jurisdiction in a dispute. It hears witnesses testify and
the presentation of other information to prove the alleged facts, ending in a decision on the
case. An appellate court, on the other hand, reviews decisions of lower courts to determine
whether errors were made in the lower court proceedings. It is generally concerned with
errors of law rather than questions of fact and does not usually hear witnesses nor accept
new evidence. It determines whether the lower court decision should be affirmed, reversed,
amended, or remanded.
Goals Review
12. How can disputes be settled without resorting to the courts?
The parties in a dispute may try to reach a mutually acceptable solution by themselves or
with the assistance of a mediator who tries to develop a mutually acceptable solution. An
arbitrator may also hold an informal hearing and render a binding solution.
13. Name the different levels of courts and describe their powers.
A trial court hears witnesses testify and examines other information presented to prove the
alleged facts and render a legal decision. An appellate court is concerned with the
application of law in the decision of a lower court and may affirm, reverse, amend, or
remand the decision of a lower court.
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Name ______________________________________Date __________Class _______________
LESSON 3-2 THE FEDERAL COURT SYSTEM
Lesson 3-2 Outline
I.
II.
Origin of the Federal Court System
Jurisdiction of the Federal Courts
A. Federal District Courts
B. Federal Courts of Appeal
C. United States Supreme Court
Lesson 3-2 Review
Vocabulary Review
Define each of the following vocabulary terms.
1. general jurisdiction
The authority to hear almost any kind of case.
2. special jurisdiction
The authority to hear only one specific type of case.
3. writ of certiorari An order from the Supreme Court to the state court to turn over the record
of a case to the Supreme Court for review.
Concept Review
4.
Why does Congress have the power to establish new federal courts?
Section 1 of Article III of the U.S. Constitution gives Congress the authority to establish
inferior courts from time to time as needed.
5.
In what situations may the U.S. Supreme Court have jurisdiction over a decision by a state
supreme court?
If a state supreme court decision involves a question based on federal law or the U.S.
Constitution, the U.S. Supreme Court may exercise jurisdiction.
Chapter 3 Court Systems
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Lesson 3-2 Review (continued)
Goals Review
6.
What is the source of power of the federal courts?
Article III of the Constitution confers the power to judge certain criminal and civil matters
in federal courts and Section 1 specifies a Supreme Court and the power of Congress to
establish inferior federal courts.
7.
Name the levels of federal courts and describe their jurisdictions.
Federal district courts have general jurisdiction over federal questions or cases that arise
under the Constitution, U.S. law, and U.S. treaties, as well as lawsuits with diversity of
citizenship with more than $75,000 in dispute. There also are specialized federal courts at
this level. The U.S. Courts of Appeals have appellate jurisdiction over district courts, certain
specialized federal courts, and many federal administrative agencies. The U.S. Supreme
Court has original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and those in which a state is involved. The U.S. Supreme Court has appellate
jurisdiction over cases on appeal from the U.S. Courts of Appeals or from the highest courts
of the states if a federal law is involved.
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Name ______________________________________Date __________Class _______________
LESSON 3-3 STATE COURT SYSTEMS
Lesson 3-3 Outline
I.
A Typical Court System
B. State Trial Courts
C. State Courts of Appeals
D. State Supreme Courts
II. State Courts with Specialized Jurisdiction
A. Associate Circuit Courts
B. City or Municipal Courts
C. Small Claims Courts
D. Juvenile Courts
E. Probate Courts
Lesson 3-3 Review
Vocabulary Review
Define each of the following vocabulary terms.
1. court of record
2. Justice
Court.
A trial court that keeps an exact account of what goes on at the trial.
The title given to judges who sit on state supreme courts and the federal Supreme
3. associate circuit courts (or county courts)
general original jurisdiction.
4. municipal courts
State courts at a level below the main courts of
City courts that administer the city’s ordinances.
5. small claims courts Courts that handle disputes in which small amounts, generally $2,500
or less, are involved.
Chapter 3 Court Systems
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Lesson 3-3 Review (continued)
6.
juvenile court Courts established specifically to hear cases involving persons under the
age of 18 who have not been charged as adults.
7.
probate courts
Courts that administer wills and estates.
Concept Review
8. Why is it important for a court of record to keep an exact account of the trial?
An exact account is important because it is the record on which an appeal is based.
9. What are two major differences between the treatment of juveniles and adults in trial courts?
Courts usually emphasize rehabilitation rather than punishment for juveniles and courts
ensure that most of the criminal cases involving juveniles do not become public knowledge.
Goals Review
10. Compare the structure of a typical state’s courts with the structure of the federal courts.
The top three layers of a typical state’s courts directly parallel the federal court system with
a supreme court at the top, an appeals court below it, and trial courts of original, general
jurisdiction, similar to the U.S. District Courts, below that. A state also has specialized
courts as does the federal system.
11. Identify the typical state courts of specialized jurisdiction.
Typical courts of specialized jurisdiction are associate circuit courts, municipal courts,
small claims courts, juvenile courts, and probate courts
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