Our Court System
Chapter 3
Lesson 1
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.
• Example
Divorce mediation
• Deciding your own divorce
• Amicably and cost effective
• Mediators job
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communication open
brainstorm ideas
reality test the couple
teach empathy
assist the couple in their decision making process
Arbitration
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An informal discovery hearing
Decision is binding
Can be enforced by court order
Divorce arbitration- an arbitrator listens to the facts and
makes decisions
• Domestic Violence
Different levels of courts
• Trial courts
• Appellate courts
Trial courts
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First court to hear a dispute
Original jurisdiction over a case
Cases only affect the people involved with the case.
The two sides present evidence and witnesses, and either a
judge or a jury makes a decision based on the evidence
presented.
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
• Potential to affect large numbers of people
• No new evidence is presented
Possible appellate court
decisions
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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
Lesson 2
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
• Federal District Courts
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the constitutionality of a law;
cases involving the laws and treaties of the U.S.;
ambassadors and public ministers;
disputes between two or more states;
admiralty law; and
bankruptcy cases.
• Federal Courts of Appeals
• hears appeals from the district courts located within its circuit, as
well as appeals from decisions of federal administrative agencies.
• United States Supreme Court
• when a state is a party and involving a foreign ambassador or
minister
Federal Court System
United States
Supreme Court
13 United States Courts of Appeals
State
Supreme
Courts
United States
District Courts
Specialized
Federal Courts
Many Federal
Agencies
State Court System
Lesson 3
Structure
• State trial courts
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Probate (involving wills and estates)
Most contract cases
Tort cases (personal injuries)
Family law (marriages, divorces, adoptions)
• State courts of appeals
• State supreme courts
• responsibility of correcting the errors of inferior courts
A Typical State Court System
Supreme
Court
Intermediate
Appeals
Court
Trial Court
Family Court
Juvenile
Court
Municipal
Court
Justice’s
Court
Probate Court
Small Claims
Court
Criminal
Court
State Courts with Specialized
Jurisdiction
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Associate circuit courts
City or municipal courts
Small claims court
Juvenile court
Probate court