Chapter 2
The Court System and
Dispute Resolution
Twomey, Business Law and the
Regulatory Environment (14th Ed.)
Federal Court System [2-1]
The Supreme Court of the United States
Review is usually at
discretion of Supreme Court
United States
Courts of Appeals
(Circuit courtsJurisdiction by
Geographic Area; Court of Appeals for
The Federal CircuitNationwide
Jurisdiction by Subject Matter)
review
Federal
District Courts
Specialty
Courts
Tax
Court
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Indian
Tribal Court
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Bankruptcy
Court
2
State Court Systems [2-2]
United States
Supreme
Court
State
Supreme
Court
Possible
Appeal
State Court
of
Appeals
General Trial Court
(County, Circuit &
Superior Court)
Specialty
Courts
Juvenile
Other
Courts
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Domestic
Relations
Probate
City or
Municipal
(Traffic)
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Small
Claims
3
Steps in Litigation [2-3]
1. Complaint by plaintiff
2. Service of process on defendant
Deny
3. Defendant’s answer
Counterclaim
Admit
Depositions
4. Discovery
Interrogatories
Request for production
5. Motion for summary judgment
(if no factual issues)
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Steps in Litigation [2-3] (cont’d)
6. Trial
Voir dire
Challenge for cause
Peremptory challenge
a. Jury selection
b. Opening statements
c. Plaintiff’s case
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Direct
Cross
Redirect
Recross
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Steps in Litigation [2-3] (cont’d)
d. Motion for directed verdict
e. Defendant’s case
f. Summation
g. Jury instructions
h. Jury verdict or mistrial (deadlocked)
i. Motion for new trial or judgment
j. Recovery—fees, execution garnishment
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Alternatives to Litigation for
Dispute Resolution [2-4]
Federal
Court
State
Arbitration
Mediation
Dispute
Reference to referee
Non-governmental
procedure
Association tribunal
Summary jury trial
Rent-a-judge
Minitrial
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Chapter 2 Summary
Courts have been created to hear and resolve legal
disputes. A court’s specific power is defined by its
jurisdiction. Courts of original jurisdiction are trial
courts, and courts that review the decisions of trial
courts are appellate courts. Trial courts may have
general jurisdiction to hear a wide range of civil and
criminal matters, or they may be courts of limited
jurisdiction, with the subject matter of their cases
restricted to certain areas, such as a probate court or the
Tax Court.
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Chapter 2 Summary [2]
The courts in the United States are organized into two
different systems: the state and federal court systems.
There are three levels of courts, for the most part, in
each system, with trial courts, appellate courts, and a
supreme court in each. In the state system there are
specialized courts, such as municipal, justice, and small
claims courts. The federal courts are called federal
district courts, federal Courts of Appeals, and the U.S.
Supreme Court. In the states there may be specialized
courts, such as municipal, justice, and small claims
courts.
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Chapter 2 Summary [3]
Within the courts of original jurisdiction, there are
rules for procedures in all matters brought before
them. A civil case begins with the filing of a
complaint by a plaintiff, which is then answered by
a defendant. The parties may be represented by
their attorneys. Discovery is the pretrial process
used by the parties to find out the evidence in the
case. The parties can use depositions,
interrogatories, and document requests in order to
uncover relevant information.
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Chapter 2 Summary [4]
The case is managed by a judge and may be tried to a
jury selected through the process of voir dire, with the
parties permitted to challenge jurors on the basis of
cause or through the use of their peremptory
challenges. The trial begins following discovery and
will involve opening statements and the presentation of
evidence, including the direct and cross-examination of
witnesses. Once a judgment is entered, the party who
has won can collect the judgment through garnishment
and a writ of execution.
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Chapter 2 Summary [5]
There are alternatives to litigation for dispute
resolution, and they include arbitration,
mediation, reference to a third party, association
tribunals, summary jury trials, rent-a-judge
plans, mini-trials, and the use of ombudsmen.
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