chapter30dispute Resolution Name

Transcription

1 chapter30dispute Resolution Name Alternative dispute resolution appellate civil counterclaim court court reporter criminal defendant deposition judgment docket judge jurisdiction jury plaintiff state supreme court statute of limitations trial Example: A(n) appeal can be made by the losing party in civil or criminal matters. 1. A(n) is a person or group of people who hear and decide matters according to the law. 2. A(n) court has the authority to hear a dispute the first time. 3. The power or legal right and authority of a court to hear and decide a case is called. 4. A(n) court has the authority to review the judgment of a lower court. 5. A(n) court has the authority to hear non-criminal cases. 6. A(n) court is for the trial of cases involving punishable offenses against society. 7. The presiding officer in a court, either elected or appointed, is called the. 8. A body of citizens called the is sworn by a court to hear the facts submitted during a trial and to render a verdict. 9. An officer of the court who keeps a word-by-word record of the trial is called the. 10. The is the official court schedule of cases, dates, and times for issues (hearings). 11. The highest court in any state is the, which is usually the court of final appeal of each state. 12. A law enacted in all states that dictates the length of time in which court action may be taken is called the. 13. The person filing a complaint is called the. 14. The person against whom a complaint is filed is the. 15. A statement made by the defendant outlining fault on the part of the plaintiff is a(n).

2 16. A(n) is a written, sworn statement of witnesses in a case, taken before court appearances to preserve the memory of the issues. 17. is a general term covering several methods of settling disputes without using the court system. 18. A(n) is the final court ruling that resolves the trial s key issues and establishes the rights and obligations of each party. 1. Some courts are empowered to decide all types of cases or classes of cases. T F 2. A criminal court has authority to hear cases involving punishable offenses against society. T F 3. Appeals can be made by the losing party in civil or criminal matters when there appears to be an error or injustice committed. T F 4. A jury consists of not more than 12 persons. T F 5. The basis of the federal court system is the United States Constitution and laws enacted by Congress. T F 6. Federal courts may hear matters between citizens of two different states but only if the dispute involves $75,000 or more. T F 7. Each state has one federal district court that handles civil and criminal matters. T F 8. The Fifteenth Amendment to the United States Constitution grants each state the sovereign power to enact and enforce state laws. T F 9. The lowest state court levels are found at the city or county level and are often called municipal or justice courts. T F 10. The United States Supreme Court does not hear all cases that are appealed to it; it picks and chooses the ones that it believes are most significant. T F 1. A Customs Court is an example of a (a) United States Supreme Court, (b) Court of Appeals, (c) state court, (d) special federal court. 2. Geographically the United States is divided into federal districts. (a) 25, (b) 90, (c) 12, (d) The greatest share of legal matters is handled in the system. (a) federal court, (b) special court, (c) state court, (d) United States Supreme Court 4. A counterclaim is filed by the (a) plaintiff, (b) defendant, (c) judge, (d) court. 5. Which of the following choices is a true statement about small-claims court? (a) The matter is heard in one to three years. (b) The decision can be appealed to a higher court. (c) Fees are small. (d) You are represented by an attorney. 6. When a defendant does not appear in a lawsuit filed against him or her, (a) a default judgment is entered, (b) the defendant is arrested, (c) a new trial is set, (d) the defendant wins the lawsuit. 7. The form of dispute resolution in which an independent third person has the power to impose a decision that both parties must accept is called (a) mediation, (b) voluntary arbitration, (c) binding arbitration, (d) counterclaim.

3 Activity 30.1 The Court System and the Courthouse Personnel Directions: Use your local telephone directory, library, and online sources to answer the following questions. 1. In what city is your state supreme court located? 2. Name the justices or judges for your state supreme court. 3. Where is the circuit and district court nearest you? (city, county) 4. Name the judges for either the circuit or district court. 5. List the county and city courts in your area. 6. Name the judges for the county and city courts. 7. Provide the telephone numbers for the following county officials who are usually located in the county courthouse. a. Tax assessor b. County clerk c. County recorder d. County court docket clerk e. Sheriff 8. What is the address of the nearest county courthouse? 9. What is the telephone number(s) for calling the courthouse for information about trial dates, time, and location?

4 Activity 30.2 The Complaint Directions: Read the following complaint and answer the questions that follow. 1. Who is the plaintiff in this court action? 2. What is the court in which this action is filed? For what county and state? 3. Is this a criminal or civil action? 4. What do the letters aka stand for? 5. Who are the defendants in this action? 6. What is the name (title) of this action? 7. What is the general nature of the complaint? (What happened? What action or relief is desired?) 8. Who signs the complaint? 9. When the plaintiff attests this document, he or she swears that the statements contained in it are true. Why it is necessary to have the attestation clause. 10. What happens now that the complaint is filed?

5 Activity 30.3 Remedies Directions: Match the descriptions on the left with the answers on the right. Write your answers in the space provided. 1. Process whereby the decision of a neutral third person must be accepted by both sides of a dispute. 2. A place where listings of arbitration and mediation services are found. 3. A procedure whereby the customer refuses to pay a bill until a dispute is settled. 4. State trial courts that decide matters beyond local courts. 5. A court that has the authority to review the decision of a lower court. 6. Filed when many people are affected by the act of one defendant. 7. A court where no written record is kept. 8. A group that files lawsuits on behalf of others. 9. Document that is filed when a lawsuit is lost. 10. A final ruling of the court that establishes rights and obligations of each party. a. district court b. arbitration c. judgment d. withholding payment e. Yellow Pages f. negotiated settlement g. private lawsuit h. ACLU i. small-claims court j. appellate court k. civil court l. class action lawsuit m. appeal

6 Project 7 Exploring Ethical Issues After reading Unit 7 Project: Exploring Ethical Issues in Managing Your Personal Finances on pages , complete these worksheets for Cases 1 5 on pages Answer in complete sentences using at least 1 vocabulary term. Circle the vocabulary term you use. CASE 1 Cutting It Close 1. Since Lashondra and her neighbors did not sign a written contract, is Lashondra obligated to do the services she listed on her flyer? Why or why not? 2. Lashondra is 16, so she is a minor. Does this fact affect her legal and ethical obligations to her neighbors? 3. Do you agree with Lashondra s reasons for not trimming? Why or why not? 4. Are the benefits she is offering her neighbors worth giving up the trimming service to obtain? 5. If you were in Lashondra s situation, what would you do? Why? CASE 2 I m Anonymous 1. Do you think Shuet is acting appropriately on the Internet? Why or why not? 2. Have you ever acted in similar ways toward people on the Internet? Explain. 3. How would you feel if you received an insulting or threatening from an anonymous sender? 4. What suggestions would you make to Shuet about behaving appropriately and staying safe on the Internet?

7 CASE 3 Something for Nothing 1. What is the ethical problem involved in this situation? 2. What are Jared and Kayla s options? 3. What would you do if you were in this situation? Why? 4. How might this case be an example of employee stealing in the workplace? CASE 4 It s a Good Deal 1. Discuss the pros and cons of Roberto s dilemma. 2. What s wrong with the owner of a ticket giving or selling it to someone else? 3. Would you participate in this type of deal? Why or why not? CASE 5 Nobody Got Hurt 1. Was there anything wrong with what Loriann did? Did anybody get hurt? Who? 2. Why do some stores have lenient return policies? Why do some stores have no return policies? 3. What would you do if you worked in the store and knew what Loriann had done? 4. Discuss the ethical principles involved in this case.

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