This chapter presents dispute resolution & the courts, along with the state & federal court systems

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Dispute
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________ or expression of opposing views.
Controversial discussion or debate.
Ill tempered altercation

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Discussion
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The injured party tries to __________ the problem calmly with the
____________.
Many times a
_____________________ can be reached.

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Mediator
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________ ________ ______ who tries to develop a non-binding solution to both sides of a dispute.
The mediators actions are advisory.
Arbitrator
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Independent third party who develops a ______________ &
___________ resolution to a dispute

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Litigate
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Taking disputes to _________
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Why not just go right to court?
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To avoid the ___ ,
__ , & ____________ of a court trial.

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Court
______________ ___________ that administers justice under the law.
Courts rule on ____________ cases, and
____________ disputes.
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Civil disputes may be resolved by
__________ __________ or other relief
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Criminal cases may be resolved by
____________ punishments.

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Trial Courts
First court to hear a dispute
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Original _______________ over the case
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Witnesses _____________ & other info is presented to prove the alleged facts
Components
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___________ , _________ , Clerks,
Sheriffs, Marshals, Bailiffs
& ______________

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Appellate Courts
Reviews decision of __________ ___________ when a party claims an error was made during the previous proceeding
Do NOT hear _________________
Generally do NOT accept new ________________
They examine the ______________, which are a verbatim record of what went on at trial
They read _____________ briefs, which are written arguments on the issues of law

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Appellate Court Decisions
_____________ - Uphold the decision of the lower court
_____________ - Overturn the decision of the lower court
_____________ - Change the decision of the lower court
_____________ - Send back to lower court for corrective action or a new trial

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General Jurisdiction
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Can hear almost _______ kind of case
Special Jurisdiction
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Hears only a __________ type of case

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Federal District Courts
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__________ level of the Federal Courts
Trial court of the federal system
Jurisdiction over
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U.S. ____________, U.S. Laws and treaties
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U.S. ____________ and foreign nations
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U.S. Citizens & foreign citizens

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Federal District Courts
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Diversity of Citizenship cases must be valued at over $___________ in order to be heard in federal court
Federal Courts of Appeals
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_____ federal courts of appeals

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U.S. Supreme Court
Has both ______________ and
_____________ jurisdiction
Appellate jurisdiction over U.S. Courts of
___________, and over the highest courts of the __________
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Writ Certiorari
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Order that compels a _______ court to turn over the record of the case to the
______________ ____________

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Small Claims Courts
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$___________ or less
Attorneys are generally _________ involved

Chapter 4-3
Business Law

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Compare the structure of a typical state court with the structure of the federal courts
Identify typical state courts of specialized jurisdiction
Discuss the jurisdiction of the various typical state courts
QUESTION: What is the difference between a federal court and a state court?

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A/K/A Circuit courts, Superior courts, Courts of common pleas, District courts
All state courts of records
Keeps an exact account of what goes on at trial
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Why is this important? What records do you think they keep track of… ie. Transcript of what said, _____________ submitted, statements / determinations of the judge & the judgement(s) rendered

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Trial court cases appealed to this level
Panel of judges that review an appeal in a court of record
Panel usually consists of no more than 3 judges
Panel evaluates the record of the case and then considers the attorneys’ oral and written
_________________
No new __________ / No new ____________

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Generally, this is the highest level of courts in the state, except in NYS (Court of Appeals)
_________ is the title given to the judges who sit on state supreme courts and the federal Supreme
Court
Only cases that involve the most complex legal issues are taken to the justice
Decision is binding unless _________________ or
Federal issues are involved. If so, the decision can be appealed to the USSC

State Courts with Specialized Jurisdiction
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Associate Circuit Courts
City or Municipal Courts
Small Claims Courts
Juvenile Courts
Probate Courts

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Courts below a state courts general jurisdiction
Also known as __________________
Hear minor criminal cases, state traffic offenses, and lawsuits in which relatively small amounts are involved (less than $______________)
Not courts of record
Take a burden off higher courts, appeals from their decisions can be taken to the ___________ courts for a trial on the record

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Courts that administer a city’s ______________
Usually divided into traffic and criminal divisions
Less serious violations occurring within _________ limits are brought before such municipal courts for their ________ trial
Result can be _________ to the circuit court level

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Minor individual suits are heard
Handle disputes in which small amounts, generally $_________ or less are involved
Attorneys are usually not allowed
Judge hears the case without a jury or formal rules of evidence
Decisions of small claims court can be _________ to the circuit court

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Juveniles are younger members of society (__-__yrs)
Juveniles are allowed their full constitutional rights, including the right to be represented by an ________
Juveniles usually receive sentences of ____________ rather than punishment
Possible determinations are:
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Release into the supervision of parents, guardians, or governmental officials; placement in foster homes; and detention in correctional facilities

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Courts that administer ______ & ________
When someone passes away, their property and other interests must be divided according to their wishes and the appropriate laws
Formal and complex procedure