3
CHAPTER
Court Systems
3-1 Forms of Dispute Resolution
3-2 The Federal Court System
3-3 State Court Systems
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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 powers
Chapter 3
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FOCUS
 What two types of courts are used in
our legal system to settle disputes?
Trial and appellate
Chapter 3
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DISPUTE RESOLUTION
 How can disputes be resolved without going to
court?
 Often best for both parties in a dispute to settle between
themselves.
 Costs less and if you settle yourself you might be able to get to a win-win
solution.
 Can use a mediator – independent third party to help develop a
solution acceptable to both sides.
 Mediator solutions are not legally binding
 May hire an arbitrator – holds informal hearing to determine
what happened.
 Arbitrator decision is legally binding to both parties
 Their decisions can be enforced by court order
 It can be in a contract that you need to settle disputes by arbitration
Chapter 3
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DISPUTE RESOLUTION
 How do courts settle disputes?
 Court – a governmental forum that
administers justice under the law
 Decides disputes between private individuals and in
criminal cases
 May award damages or order other appropriate relief
and impose punishment (fines/imprisonment) in
criminal cases.
 Courts are to be impartial and make decisions using
thorough procedures.
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DISPUTE RESOLUTION
 Trial courts – court where dispute is first heard
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Hears witnesses testify
Reviews evidence
Applies what it selects as appropriate law to reach the verdict (decision)
Has Original jurisdiction – original power to decide the case.
 Members of trial court
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Judge
Lawyers (officers of the court)
Clerks – keeps records of proceedings and computes court costs
Sheriffs serve as bailiffs who summon witnesses and keep order in
the court and take steps to carry out judgments in the state court
system. (Marshals in federal court)
 Juries sworn by court to decide issues of facts
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DISPUTE RESOLUTION
 Appellate courts – reviews decisions of
lower courts when a party claims an error
was made during the lower court’s
proceedings.
 They determine only with errors in law
 They examine the transcript (verbatim record of the
trial)
 They read appellate briefs (written arguments on the
issues of law submitted by the opposing attorneys)
 They often listen to attorneys’ oral arguments
 Judges can question the attorneys
Chapter 3
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DISPUTE RESOLUTION
 Appellate courts can decided whether the
decision of the lower court was
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Right (Uphold)
Should be reversed (Overturned)
Changed
Sent back to the trial court for corrective action or
possibly a new trial. (Remanded)
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What are the two levels of courts,
and what is the function of each?
Chapter 3
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3-2 The Federal Court System
GOALS
 Identify the source of power of the
federal courts
 Name the various levels of federal
courts and describe their jurisdictions
Chapter 3
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FOCUS
 Where did the federal courts receive their power?
 From the Constitution (Article III, Section I)
 Originally the founders did not believe that a federal
supreme court was necessary. Why do you think?
 The presumed that disputes between the citizens of various
states could be fairly litigated in the state court system.
 Why do you think a federal court system is
necessary?
 To provide a neutral forum for the resolution of significant
disputes.
Chapter 3
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ORIGIN OF THE FEDERAL
COURT SYSTEM
Judiciary Acts established:
 U.S. Supreme Court
 13 district courts
 Federal Courts of Appeal
 Specialized courts – hears only one
type of case
Chapter 3
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What is the source of power of the
federal courts?
Chapter 3
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JURISDICTION OF THE
FEDERAL COURTS
 Federal District Courts – lowest level of
federal court with general jurisdiction
 A trial court of the federal system
 Jurisdiction over
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Diversity of
citizenship
federal questions, or
cases that arise under the Constitution,
US law,
US treaties and
Laws suits between citizens of different states
Law suits between US citizen and foreign nation or citizen
More than $75,000 must be in dispute in federal diversity of
citizenship lawsuits
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FEDERAL COURT SYSTEM
Chapter 3
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JURISDICTION OF THE
FEDERAL COURTS
 Federal Courts of Appeals – appellate
jurisdiction over the district courts, certain
specialized federal courts and many federal
administrative agencies.
 No appellate court can change the factual determinations
of a jury
 There are 13 federal courts of appeal.
 12 are circuit courts assigned by geographic area
 1 dedicated to federal circuit and handles patent cases
from district courts and appeals from federal courts with
special jurisdiction
Chapter 3
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FEDERAL COURT SYSTEM
Chapter 3
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JURISDICTION OF THE
FEDERAL COURTS
 United States Supreme Court – has both
original and appellate jurisdiction.
 Hears cases affecting ambassadors and other public
ministers
 Cases in which a state shall be party.
 Hears appeals from the US Court of Appeals or from the
highest courts of the states
 If case contains constitutional issues important enough
for them they issue a writ of certiorari to the last court
case was in (order that compels the state court to turn
over the record of the case for review)
 Jurisdiction over state supreme court cases is limited to
those in which a federal question of law or on US
constitution.
Chapter 3
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FEDERAL COURT SYSTEM
Chapter 3
Slide 19
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Name the three levels of federal
courts and describe the
jurisdiction of each.
Chapter 3
Slide 20
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3-3 State Court Systems
GOALS
 Compare the structure of a typical state
court system with the structure of the
federal courts
 Identify typical state courts of
specialized jurisdiction
Chapter 3
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FOCUS
 What is the primary difference between
the federal court system and a state
court system?
The types of specialized courts found:
Federal: Bankruptcy, court of international
trade, tax court
State: probate, juvenile, family, small claims
Chapter 3
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A TYPICAL STATE COURT SYSTEM
3 tier system like
the federal system
Geographically
based trial courts
Chapter 3
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A TYPICAL
STATE COURT SYSTEM
 State trial courts
 Courts with general original jurisdiction over both
criminal and civil matters are known as circuit
courts. (Also known as superior court, district
courts or courts of common pleas)
 Court of Record – keeps an exact account of
what goes on at trial. (transcript, evidence,
statements, determinations of the court officials
and the judgment of the court)
 They review the decisions of courts of specialized
jurisdiction.
Chapter 3
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A TYPICAL
STATE COURT SYSTEM
 State courts of appeals
 No more then 3 judges on panel.
 Can hear oral arguments by attorneys, no new evidence.
 May apply correct law, send back to lower courts for new
trial.
 State supreme courts
 Typically you are entitled to one trial and one appeal if filed
in a timely manner.
 Only those with most complex legal issues are taken to
supreme court.
 Issue the final decision on matters of law appealed to them.
If constitutional or other federal questions may appeal to US
supreme court.
Chapter 3
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A TYPICAL STATE COURT SYSTEM
Chapter 3
Slide 26
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What does a typical state court
system have in common with the
federal court system?
Chapter 3
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STATE COURTS WITH
SPECIALIZED JURISDICTIONS
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Associate circuit courts – also known as county courts
 Deal with minor criminal cases, state traffic offenses and lawsuits with
small amounts less than $25,000
 Not typically court of record
 Appeals can go to state trial court
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City or municipal courts – administer their ordinances.
 Typically divided into traffic and criminal divisions.
 Can be appealed to state trial court
 Ordinances are not considered criminal lawss.
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Small claims courts – handle disputes in which small amounts
less than $2,500.
 No jury just judge
 Can be appealed to state trial court
Chapter 3
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STATE COURTS WITH
SPECIALIZED JURISDICTIONS
 Juvenile courts – 13 years old to under 18 years old.
 Not held as accountable as adults
 Greater emphasis on rehabilitation than punishment.
 Can release to supervision of parents, placed in foster homes
or detention in correctional facilities
 Courtroom is closed during informal hearing
 Judgments not open to the public.
 If rehabilitation fails can be tried and punished as an adult.
 Appeals to are directed to circuit courts
 Probate court – courts that administer wills and
estates
Chapter 3
Slide 29
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Name the typical state courts that
have specialized jurisdiction.
Chapter 3
Slide 30
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