Chapter 3
Court Systems
Section 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.
Resolving Disputes without
Going to Court
• As a society we are too quick to
litigate (go to court)
• Sometimes the best & cheapest
thing to do is resolve the issue
directly with the person
(negotiate)
Alternatives to face-to-face
negotiations
• Have an unbiased third party act as
a mediator. A mediator’s decisions
is not legally binding.
• Have an arbitrator determine your
issue. An arbitrator's decision is
legally binding.
How Do Courts Settle Disputes?
1. Trial court – where the dispute (disagreement)
is first heard. Determines the facts of a case,
apply the rule of law, and reach a
verdict.*original jurisdiction
2. Appellate court- reviews decisions lower courts
made. Only look for the errors in the law.*
special jurisdiction
– They examine the transcripts (record of what
people said) of the court case.
– They read the appellate briefs from the
attorney’s
– Appellate Court decides whether the
decision the lower court made should
be:
• Affirmed (stay the same)
• Reversed (overturned)
• Amended (changed)
• Remanded (sent back to trial court
for corrective action or a new trial)
Section 2
The Federal Court System
Federal Court System
1. Federal District Courts (lowest)
2. Federal Court of Appeals
3. U.S. Supreme Court (highest)
Federal District Courts (lowest)
• Trial court (1st to hear case)
– Determine the facts
– Legal Issue involved
• Deals with:
– Federal questions or cases about the
Constitution, U.S. law, U.S. treaties
– Law suits between citizens of different states,
U.S. citizen and foreigner, or foreign
nation.*diversity of citizenship (case must be
for more than $75,000)
Federal Court of Appeals
• Party appeals result of a case.
• Does not accept NEW evidence or call
witnesses.
• Reviews trial transcripts, appellate briefs,
and oral attorney arguments.
U.S. Supreme Court
• Has original and appellate jurisdiction.
• Original:
– Cases affecting ambassadors, other public
people who represent the U.S.
• Appellate:
– Writ of Certiorari: Supreme requests the
lower court who heard the case turn the
case over to the Supreme Court for review.
Section 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.
Court of Record
Accurate, detailed report of everything
(evidence, transcripts) that went on at a
trial
Associate Circuit Courts
(County Court)
• Hears minor criminal cases,
state traffic offenses, and
lawsuits under $25,000.
• Help alleviate the burden of
high courts
Municipal Courts
• City court dealing with
violation of ordinances.
Small Claims Court
• Handles disputes where the
damages asked for are less
than $2,500.
• No jury involved
Juvenile Court
• Cases dealing with people between the
ages of 13-17.
• Society typically believes juveniles
should not be tried as adults for their
criminal acts.
• Juvenile has all the same constitutional
rights as everyone else.
Juvenile Court Cont.
• Cases are heard privately.
• Records are sealed when they become
18.
• Emphasize rehabilitation instead of
punishment.
• If the juvenile has not been
rehabilitated, they can be tried and
punished as an adult. **Only occurs in
serious cases.
Probate Courts
• Administers wills and
estates.
–When an adult dies, their
property and other interests
are taken to this court to be
divided accordingly.