THE COURT SYSTEM
DISPUTE RESOLUTION AND THE COURTS
FEDERAL COURT SYSTEM
STATE COURT SYSTEMS
CAN DISPUTES BE RESOLVED
PRIVATELY?
• Mediation
• Arbitration
MEDIATION
• Mediator tries to develop a solution
acceptable to both sides of the dispute.
• The actions of a mediator are advisory—not
binding.
ARBITRATION
• An arbitrator usually holds an informal
hearing to determine what happened.
• The arbitrator’s decision is binding on both
parties.
• The decision can be enforced by court
order if necessary.
DIFFERENT LEVELS
OF COURTS
• Trial courts
• Appellate courts
TRIAL COURTS
• A trial court is the first court to hear a
dispute.
• A trial court has original jurisdiction
over a case.
APPELLATE COURTS
• An appellate court reviews decisions of
lower courts when a party claims an error
was made during the previous proceeding.
• Appellate courts are concerned with errors
of law rather than questions of fact
• Do not hear witnesses
• Examine transcripts of trial
• Review appellate briefs
POSSIBLE APPELLATE COURT
DECISIONS
• Affirm (uphold) the decision of the lower court
• Reverse (overturn) the decision of the lower court
• Amend (change) the decision of the lower court
• Remand the case—send it back to the trial court
for corrective action or possibly a new trial.
FEDERAL COURT SYSTEM
IDENTIFY THE SOURCE OF POWER OF THE FEDERAL COURTS
NAME THE VARIOUS LEVELS OF FEDERAL COURTS AND DESCRIBE
THEIR JURISDICTIONS
ORIGINS OF OUR
FEDERAL COURT SYSTEM
• Federal courts received their power from the
Constitution.
• The Constitution granted Congress the
power to establish courts inferior to the U.S.
Supreme Court.
JURISDICTION OF
THE FEDERAL COURTS
• 3 Levels of Federal Courts
• Federal District Courts
• Federal Courts of Appeals
• United States Supreme Court
FEDERAL DISTRICT COURTS
• Lowest level of federal court with general
jurisdiction (1st court to hear a dispute)
• Trial court of the federal system
• Jurisdiction over:
• Federal questions or cases that arise under the
Constitution, US laws or treaties
• Lawsuits b/w citizens of different states or US citizen
and a foreign nation
• >$75,000 in dispute
FEDERAL COURT OF APPEALS
• Appellate court for Federal District Courts
• No new evidence or witnesses
• Review transcripts & oral arguments
• 13 Federal Courts of Appeal
• 12 assigned to a geographic area
• 1 Federal Circuit
• Patent cases
• Special jurisdiction (Int’l Trade Commission)
US SUPREME COURT (USSC)
• Some original jurisdiction
• Cases affecting ambassadors
• Mostly appellate jurisdiction
• Decisions of USSC re: Constitution are final
FEDERAL COURT SYSTEM
United States
Supreme Court
13 United States Courts of
Appeals
(12 Circuit Courts)
(1 Court of Appeals for the Federal Circuit)
State
Supreme
Courts
United States
District
Courts
Specialized
Federal
Courts
Many Federal
Agencies
STATE COURT SYSTEMS
COMPARE
THE STRUCTURE OF A TY
OF THE F
I DENTIFY STATE COURTS
DISCUSS THE JURI SDICTION OF
PICAL STATE COURT WI TH THE STRUCTUR E
EDERAL COURTS
OF SPECI ALI ZED JURI SDICTION
THE VARI OUS TYPICAL STATE COURTS
STRUCTURE OF
STATE COURT SYSTEMS
• Courts of Limited Jurisdiction
• State Trial Courts
• State Courts of Appeals
• State Supreme Courts
COURTS OF LIMITED JURISDICTION
• Lessens burden on Trial Court
• Specialized or relatively minor jurisdiction
• Can be appealed to the circuit court
JUVENILE COURT
• Emphasis on rehabilitation, not punishment
• Records do not become public knowledge
• Rehabilitation fails, can be tried as an adult
MUNICIPAL COURTS
• Courts that administer ordinances
• Traffic division
• Traffic and misdemeanor fine schedule
• Criminal division
PROBATE COURT
• Wills and estates
• Mr. Deeds
SMALL CLAIMS COURT
• Attorneys generally are not required
• <$5,000
• Judge Judy
• Judge Judy Sheindlin, a former judge from
New York, tackles real-life small claims cases
with her no nonsense attitude in which
damages of no more than $5,000 can be
awarded. Also by her side is bailiff Petri
Hawkins-Byrd who keeps order in the court. Then after a
case is closed, the defendant and plaintiff briefly confront
each other outside the courtroom.
A TYPICAL
STATE COURT SYSTEM
Supreme Court
Intermediate Appeals Court
(In Populous States)
Trial Court
(Of Original General Jurisdiction)
Family Court
Juvenile
Court
Municipal
Court
Justice’s Court
(The Court of a Justice of the Peace)
Probate
Court
Criminal
Court
Small Claims Court