The Court System
 Judge: decide all legal issues in a lawsuit. If no jury, the
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judge’s job also includes determining the facts of the case.
Plaintiff (aka petitioner, claimant, or complainant): person
who files the lawsuit. Claiming to have been injured,
suffered property damage, or loss of some type because of
the acts or omission of someone else.
Defendant (aka respondent): person claimed by the
plaintiff to have caused the loss suffered by the plaintiff.
Party: term refers to either the plaintiff or the defendant.
Lawyers (Attorneys): Advocate for his or her client.
Witness: someone who has firsthand knowledge about
something.
 Expert witness: type of witness who testifies in a trial by giving
his opinion about something. Are experts in the subject about
which he will testify.
 Clerks (aka court reporter): Person who sits next to the judge’
bench and records all testimony, arguments, and rulings on a
stenograph machine.
 Sheriffs or marshals: Sheriffs and their deputies serve as bailiffs –
summon witnesses, keep order in court, and take steps to carry
out judgments in the state court system. Marshals have these
duties in the federal court system.
 Jury: A group of 6 to 12 people who have been selected to decide
a trial. Qualifications to be on jury are to live in the same judicial
district where trial is occurring, to appear able to decide a case
based only on the evidence presented during the trial, and to be
able to understand what will take place during the trial.
Litigate = take dispute to court
Many people decide to sue too quickly
Try negotiation, first
Mediator: Tries to develop a solution acceptable to
both sides of the dispute. Actions of mediator are
advisory, not binding.
Arbitrator: Decisions are binding on both parties
Court = Governmental forum that administers justice
under the law
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Levels of Courts
 Trial courts
 Appellate courts
 Supreme Courts
Trial Courts = first court to hear a dispute
 Original jurisdiction over a case.
 Witnesses testify and other
information is presented to prove
alleged facts.
 Also called district courts
 One judge or jury decides verdict
Appellate Courts = reviews decisions of lower
courts when a party claims an error was made
during the previous proceeding.
 Do
not hear witnesses or accept new evidence.
 Concerned with errors of law instead of questions of fact
 Examine transcript (record of what went on at trial)
 Read appellate briefs (written arguments on the issues of
law) submitted by the opposing attorneys.
 Decider if decision of lower court should be affirmed
(upheld), reversed (overturned), amended (changed), or
remanded (sent back to the trial court for corrective
action or possibly a new trial).
3 Levels of federal courts
 Federal district courts
 Federal court of appeals
 U.S. Supreme Court
A
court with special jurisdiction
hears only one specific type of case
Federal District Courts: trial court of the
federal system
Original jurisdiction over:
 federal questions, or cases that arise under the
Constitution, U.S. law, and U.S. treaties; and
 lawsuits between citizens of different states,
between a U.S. citizen and a foreign nation, or
between a U.S. citizen and a citizen of a foreign
nation
 More than $75,000 must be in dispute in federal
diversity of citizenship lawsuits.
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Federal Court of Appeals
 When result of a case in a lower court is
appealed by one or more of the parties to
the case
 Do not accept new evidence or call
witnesses
 Review the trial transcripts and written
and oral arguments of the attorneys
 No appellate court, not even the USSC, can
change the factual determinations of a jury.
 13 federal court of appeals
United States Supreme Court
 Both original and appellate jurisdiction
 Original jurisdiction: cases affecting
ambassadors, public ministers and consuls and
those in which a state shall be party.
 If USSC believes a case contains a constitutional
issue sufficiently important to be decided by it,
the SC will issue a writ of certiorari to the last
court that heard the case. This “writ” or order
compels the state court to turn over the record of
the case to the SC
State legal system resembles the federal system.
State Trial Courts
State Court of Appeals: judges at appellate
level check to be sure correct law was used
to resolve the case and that factual findings
of the judge or jury are supported by
evidence.
State Supreme Courts
Justices: title given to judges who sit on state
supreme courts and the federal Supreme Court.
Below circuit court level are courts that take care of
minor jurisdiction.
 Associate circuit court: Minor criminal cases, state
traffic offenses, and lawsuits in which relatively small
amounts are involved (no more than $25,000)
 City or municipal courts: usually divided into traffic
and criminal divisions
 Small claims courts: handle disputes with amounts
less than $2,500
 Probate courts: administer wills and estates
 Juvenile courts: younger members of society (between
13 and 18)
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Focus is usually on rehabilitation, not punishment