Section 1.2
The Court System and
Trial Procedures
Section 1.2 The Court System and Trial Procedures
The United States has two major court systems: the federal
and the state courts.
The power a court has to hear a case and make a judgment
is called jurisdiction.
Federal Court System
Federal courts have jurisdiction over
Cases that raise a federal question
Cases with involve citizens of different states ($ value over
$75000)
Admiralty cases, pertaining to the sea
Parent and copyright cases
Bankruptcy cases
Section 1.2 The Court System and Trial Procedures
The federal court system consists of:
district courts
appellate courts
special U.S. courts
the Supreme Court
District Court – have original jurisdiction over most
federal civil and criminal cases (regular trial)
13 judicial circuits with several district courts and 1
appellate court
Appellate Court – is a court that hears appeals and
reviews cases from the lower courts
Appellate courts only determine if the lower court
correctly applied the law
Supreme Court – Highest court in the land 1 chief justice
and 8 associate justices appointed for life(original
jurisdiction in cases that involve a state)
Section 1.2 The Court System and Trial Procedures
Most state court systems consist of:
local trial courts
small-claims, minor cases
general trial courts county courts with general jurisdiction
special courts, such as juvenile courts
intermediate appellate courts parties believe they did not get a fair trial
state supreme courts no trial just look at the facts of the case
Section 1.2 The Court System and Trial Procedures
An appellate court is not a trial court, but reviews the
decision of a lower court.
Section 1.2 The Court System and Trial Procedures
Section 1.2 The Court System and Trial Procedures
Courts hear two types of cases:
criminal
civil
Section 1.2 The Court System and Trial Procedures
Civil cases are brought by one individual against another.
Criminal cases are brought by the government for offenses
committed against the public.
Section 1.2 The Court System and Trial Procedures
A civil case begins with one individual suing another. The
plaintiff is the person bringing the lawsuit. The defendant
is the person being sued.
Alternative Dispute Resolution
ADR-occurs when parties try to resolve disagreements
outside of the usual court system
Mediation-A mediator tries to persuade the parties to
compromise
Arbitration-parties give the power to settle their dispute to
a third party
Conciliation-In conciliation the conciliator does not bring
the parties together in a face-to-face conversation
Negotiation-each party appoints a spokesperson to
represent them in the reconciliation process
If not successful all 4 alternatives can lead to full
litigation(court)
Civil Litigation Begins
Pleadings: formal papers filed
Discovery: fact about trial
Pretrial Hearing: informal meeting before the trial
Trial – either jury or judge
Steps in a trial
Decide jury or judge
Pick jury
Opening statement
Evidence is introduced
Closing arguments
Jury instructions
Verdict