CHAPTER 3
Court Systems
3-1
3-2
3-3
Forms of Dispute Resolution
The Federal Court System
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 jurisdictions and powers
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SLIDE 2
DISPUTE RESOLUTION
 Courts: Administers justice under the law
 Awards damages, grants appropriate relief, and imposes
punishment
 How can disputes be resolved without going to
court?
 Litigate: allow a court to resolve their disputes
 Negotiate Settlements: face to face negotiations without
going to court. Include:
 Mediator: third party is invited into negotiations to help
settle the dispute. (not legally binding)
 Arbitrator: similar to a mediator but ruling is legally
binding.
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SLIDE 3
DISPUTE RESOLUTION
 How do courts settle disputes?
 Courts: governmental forum that administers justice under
the law.
 Trial courts: The court in which a dispute is first heard.
 The trial court will apply what it selects as appropriate law to the
facts to reach a verdict, or decision, in the case.
 Because it has the power to make these initials decisions of
fact and law, a trial court is said to have original jurisdiction
over the case. This is the power to hear the case in full for the
first time.
 Bailiffs are responsible for summoning witnesses, keeping
order, and take steps to carry out judgments.
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SLIDE 4
DISPUTE RESOLUTION
 How do courts settle disputes?
 Appellate courts: reviews decisions of lower
courts when a party claims an error of law was
made during the lower court’s proceedings.
 Appellate courts examine the transcript, which is
verbatim record of what went on at the trial.
 The also read appellate briefs, or written
arguments on the issues of the law, submitted by
the opposing attorneys.
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SLIDE 5
CHECKPOINT

 What are the two levels of courts, and what
is the function of each?
 Trial courts are the forum in which legal disputes
are first heard.
 Appellate courts review transcripts, evidence from
the lower courts, and legal briefs to ensure the
correct law was used and properly applied by a
particular trial court.
 Only decide errors of law not errors of fact
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SLIDE 6
3-2
The Federal Court System
 GOALS
 Identify the source of power of the federal courts
 Name the major federal courts and describe their
jurisdictions and powers
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SLIDE 7
ORIGIN OF THE FEDERAL COURT
SYSTEM
 Congress established the Federal Judiciary
Acts:




U.S. Supreme Court
13 district courts
Federal Courts of Appeal (1891)
Specialized courts (1891)
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SLIDE 8
CHECKPOINT

 Why do you think it was left to the discretion
of Congress to establish a Supreme Court
and other inferior courts?
 The framers of the constitution thought they might
be able to do without these courts. They thought
the state courts could handle the case load.
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SLIDE 9
JURISDICTION OF THE FEDERAL
COURTS
 General Jurisdiction: Can hear almost any
kind of case
 3 levels of federal courts with general jurisdiction
 Federal district courts, federal court of appeals, and US
Supreme Court
 Specialized Jurisdiction: Hears only one
specific type of case.
 Tax Court, Claims Court, Bankruptcy Court, etc.
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SLIDE 10
JURISDICTION OF THE FEDERAL
COURTS
 Federal District Courts
 Lowest federal court with general jurisdiction.
 This is the trial court of the federal system
 Will this case be heard in federal or state court?
 Susan Bean, a citizen of Illinois, sued Wally Turk, a citizen
of the state of Colorado, for the breach of a construction
contract on Bean’s new Chicago residence. More than
$600,000 was at stake. Bean filed the suit in Illinois state
court. Turk filed a motion to remove the case to the federal
courts.
 This case will be tried in federal courts. More than 75k in
question and between citizens of different states
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SLIDE 11
JURISDICTION OF THE FEDERAL
COURTS
 Federal Courts of Appeals
 Have appellate jurisdiction over district courts, certain
specialized federal courts, and many federal administrative
agencies.
 There are 13 federal courts of appeals
 United States Supreme Court
 Has both original and appellate jurisdiction.
 Has original jurisdiction according to the constitution, over
“cases affecting ambassadors, other public ministers and
consuls and those in which a state shall be party”.
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SLIDE 12
JURISDICTION OF THE FEDERAL
COURTS
 United States Supreme Court (Cont.)
 The most important function of the USSC is their
appellate jurisdiction.
 If the Supreme Court believe that a case contains
a constitutional issue sufficiently important to be
decided by it, the Supreme Court will issue a writ
of certiorari to the last court that heard the case.
 This “writ” or order compels the lower court to
turn over the record of the case to the USSC.
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SLIDE 13
FEDERAL COURT SYSTEM
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SLIDE 14
CHECKPOINT

 Name the three levels of federal courts and
describe the jurisdiction of each.
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SLIDE 15
3-3
State Court Systems
 GOALS
 Compare the structure of a typical state court
system with the structure of the federal courts
 Explain the jurisdictions of the specialized courts
in a typical state system
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SLIDE 16
A TYPICAL STATE COURT
SYSTEM
 State Legal System
 Mirrors federal in that it has 3 branches of government
 State trial courts
 In most states trial courts, those with general original
jurisdiction over both criminal and civil matters, are known
as circuit courts.
 These courts are the court of record in the state system.
 A court of record keeps an exact account of what goes on at
trial. The accuracy of this “record” is vital, as any appeal
filed depends on it.
 These courts make decisions on facts often by using a jury.
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SLIDE 17
A TYPICAL STATE COURT
SYSTEM
 State courts of appeals
 The state panel (no more than 3 judges)
evaluates the record of the case and the
appellate briefs.
 It hears oral arguments by those attorneys in the
case. No witnesses are called.
 No new evidence can be introduced at this level.
 The judges make sure the correct law was used
at the lower court and decide the case.
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SLIDE 18
A TYPICAL STATE COURT
SYSTEM
 State supreme courts
 Only case with the most vital and complex legal
issues are taken to the state supreme court.
 Reviews a case in the same manner as the
appellate courts
 They issue a final decision on the matters of law
appealed to them EXCEPT….
 If the case involves a Constitutional or other federal
question, a further appeal can of the U.S. Supreme
Court.
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SLIDE 19
A TYPICAL STATE COURT SYSTEM
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SLIDE 20
CHECKPOINT

 What does a typical state court system have
in common with the federal court system?
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SLIDE 21
STATE COURTS WITH
SPECIALIZED JURISDICTIONS

Associate circuit courts
 The layer of courts below their main courts of general original
jurisdiction

City or municipal courts
 Courts that administer city ordinances
 Usually divided into traffic and non traffic division.
 Can overlap with state laws and can be appealed to the state trial
court if necessary.

Small claims courts
 Courts handle disputes in which small amounts, generally $2,500
or less, are involved.
 Attorneys are typically not required
 Can be appealed to state trial courts.
 Minor suits would often not be heard if not for these courts.
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SLIDE 22
STATE COURTS WITH
SPECIALIZED JURISDICTIONS
 Juvenile courts
 Courts that handle cases for those over 13 and under the
age of 18.
 Juveniles are entitled to full constitutional rights including
having an attorney
 Ensure that most cases do not become public
 Juvenile record cannot be used against you in another state
because these records are sealed.
 Punishments are generally geared towards rehabilitation
and not punishment.
 Probate courts
 Courts that administer wills and estates
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SLIDE 23
CHECKPOINT

 Name the typical state courts that have
specialized jurisdiction.
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SLIDE 24