3-1 Forms of Dispute Resolution
 Goals
• Explain how disputes can be settled without
going to court
• Name the different levels of courts and describe
their jurisdictions and powers
 Usually
the best solution is to avoid
litigation
 Settle the dispute out of court
 When one party injures another try to
negotiate a settlement
 Can
use an independent 3rd party
(mediator) to help develop a solution
 Advisory
 Not legally binding
 An
arbitrator will hold informal hearing
to determine what happened
 Binding decision on both parties
 Can be enforced by court
 Can be included in original agreement
(happens often with credit card
companies)
A
court administers justice under the law
 Criminal case – punishment
 Civil case – damages ($)
 Impartial and thorough process
 Can hear witnesses
 The accused given equal opportunity to
argue their side
 Typically 2 levels of courts
 The
court where the dispute is first heard
 Hear witnesses testify
 Reviews important evidence
 Determines the facts of a case
 Applies appropriate law to facts to reach
a verdict or decision
 Original jurisdiction
 Involved with trial court: judge, lawyers,
clerks, sheriffs, bailiffs, and jury
members
 Reviews
decisions of lower courts when a
party claims there is an error in law
 Do not determine the facts – concerned
only with errors of law
 Examine the transcript of the original
trial
 Read appellate briefs & listen to oral
arguments from the lawyers in support of
brief
 Judges
can ask questions
 Finally, decide to affirm, reverse, amend,
or remand the decision of the lower court
 Could be a combination of these
The Facts: Joe Harper went to the grocery store,
parked his 1990 blue mini-van, and left his key in
the ignition. When he came back an hour later,
he got into and drove away in a 1990 blue minivan that had a key in it…but this van was not his.
Harper did not notice it was a different car until
minutes after leaving the parking lot in someone
else’s van. He was arrested for auto theft.
 Auto
theft requires that the accused
person must have INTENDED to steal
the car.
• Did Joe intend to steal the car?
• Does it matter that Joe intended to drive a 1990
blue mini-van out of the parking lot?
 This
verdict could be reversed on the
grounds that the judge gave the jury the
wrong instructions.