Chapter 3 Court Systems - Ms. Baumgartner's Website

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Chapter 3
Court Systems
Law in Society
Ms. Baumgartner
3-1 Forms of Dispute
Resolution
• how disputes can be settled
without going to court
• different levels of courts and
describe their powers
HOT DEBATE
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What other courses of action
(besides court) might he be able to use?
FORMS OF DISPUTE
RESOLUTION
How can disputes be resolved without going
to court?
Many people decide too quickly to litigate
Sometimes, it is better for both parties to
negotiate a settlement themselves
Together they reach solution face-to-face
Dispute Resolution
As an alternative to face-to-face,
parties invite an independent 3rd
party to act as a mediator
(not legally binding)
 Or hire an arbitrator to determine
what happened
(decision is legally binding)

If those 3 methods don’t work out for you,
you will take the dispute to court
Courts decide disputes between private
individuals and try criminal cases
A court may award damages or order
other appropriate relief in resolving private
disputes
In criminal cases, punishment
(imprisonment and/or worse) may be
ordered by the court
Dispute Resolution
Two levels of courts are involved in
deciding a dispute:
1.
Trial courts
1.
2.
2.
Must reach a verdict
Trial courts have original jurisdiction over cases
Appellate courts
1.
2.
Examine the transcript
They also read appellate briefs
What 2 types of courts are used in our
legal system to settle disputes?
3-1 Assessment #1-12
(With Teacher)
Role-play courtroom positions/duties
3-2 The Federal Court
System
•Identify the source of power of the federal courts
•Name the major federal courts and describe their
jurisdiction and powers
JURISDICTION OF FEDERAL
COURTS
There are 3 levels of federal courts
with general jurisdiction (VS
specialized jurisdiction)
 Federal district courts
 Federal court of appeals
 U.S. Supreme Court
 Can issue a writ of certiorari
3-2 Assessment # 1-7
Create diagram of Federal Court System
(3 levels and how they’re connected)
3-3 State Court Systems
•Compare the structure of a typical state
and federal court system
•Explain the jurisdictions of the
specialized courts
What’s Your Verdict?
Sheila had a beautiful apartment with a
view of the lake. After she had lived there
several years, her landlord gave her and
the other tenants of the apartment building
30 days to vacate. Sheila sued to prevent
the mass evictions. After losing the state
trial, she wanted to take the issue to the
U.S. Supreme Court.
Can she do this?
A Typical State Court System
A typical state legal system resembles the
federal system
State legislature MAKES laws, state
executive branch ENFORCES laws, state
judicial branch holds courts (3 tiers)



State trial courts (circuit courts) *
State court of appeals *
State Supreme Court (controls **)
State Trial Courts
Courts with jurisdiction over criminal and
civil cases (also known as circuit courts,
district courts or courts of common pleas)
A court of record keeps an exact account
of what goes on at a trial
Accuracy is VITAL
Things included: transcript, evidence,
statements, verdicts/judgements
State Court of Appeals
An appeal from a court of record is
reviewed by a panel of judges
Panel consists of no more than 3 judges
State appellate panel evaluates the case
record and listen to arguments
No new evidence can be introduced
Judges make sure that judges at lower
level used correct law to resolve case

If not, they apply correct law
State Supreme Courts
Cases that involve the most complete legal
issues
Justice is the person who sits on cases
Panel of three or more justices review cases on
appeal
State supreme courts issue final decision
If constitutional/federal question of law, further
appeal goes to U.S. Supreme Ct
State supreme court has original jurisdicion over
impeachment cases
State Courts w/ Specialized
Jurisdictions
Below the trial courts (circuit courts in most
states) are courts with specialized
jurisdiction (powers):





Associate circuit (county courts) – hear minor criminal
cases, traffic offenses, lawsuits under $25,000
Municipal courts – administer ordinances
Small claims – handle disputes in small amounts, less
than $2,500 (attorneys not required)
Juvenile – 13-18 years of age (in most states), focuses
on rehabilitation instead of punishment
Probate courts - courts that administer wills and estates
according to the deceased's wishes
Juvenile Courts cont.
Society typically believes that juveniles
should not be held as responsible as adults
for their criminal acts
Released into parental custody, foster
home placement, detention in correctional
facilities
Juvenile records are sealed to the public and
courtroom is closed during the informal
hearing
Age tried as an adult in AL = ???
Let’s check out this article…what do
you think?
•Read: QUESTION OF ETHICS (p57)
•Complete 3-3 Assessment 1-6
•Complete Chapter 3 Assessment
1-11,19,21,23,24
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