CHAPTER 3. Court Systems. 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems

Transcription

1 CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems

2 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 SLIDE 2

3 DISPUTE RESOLUTION How can disputes be resolved without going to court? Negotiate parties meet face-to-face and try to settle a dispute Mediator independent third party brought in to help settle a dispute tries to develop a solution acceptable to both sides of the dispute gives suggestions for solution only Arbitrator holds informal hearing to determine facts legally binding on both parties can be enforced by courts if necessary SLIDE 3

4 DISPUTE RESOLUTION How do courts settle disputes? Two levels 1. Trial 2. Appellate Administer justice under the law Award damages or other appropriate relief Impose punishment fine imprisonment SLIDE 4

5 DISPUTE RESOLUTION How do courts settle disputes? Trial courts After all mediation has been exhausted, trial court is first to hear a dispute. 1. testimony 2. evidence 3. witnesses called to testify 4. two parties/sides 5. decision on facts and rule of law SLIDE 5

6 DISPUTE RESOLUTION Trial courts, cont. Civil plaintiff brings charges Criminal government (state or federal) initiates case and serves as prosecutor Responding party in both civil and criminal is the defendant. SLIDE 6

7 DISPUTE RESOLUTION How do courts settle disputes? Trial courts, cont. steps in a trial 1. Opening Statement Plaintiff/Prosecutor 2. Opening Statement Defense 3. Direct Examination by Plaintiff/Prosecutor 4. Cross-Examination by Defense 5. Motions 6. Direct Examination by Defense 7. Cross-Examination by Plaintiff/Prosecutor 8. Closing Statement by Defense 9. Rebuttal Argument 10. Jury Instructions 11. Verdict: criminal = beyond a reasonable doubt civil = preponderance of the evidence, 51% of evidence must support plaintiffs claims SLIDE 7

8 DISPUTE RESOLUTION How do courts settle disputes?, cont. Appellate courts The losing party of a trial presents arguments asking the court to review the decision of the trial court. The other party presents arguments supporting the trial courts decision. not always an available option no juries no witnesses no new evidence is presented only the lawyers and judges SLIDE 8

9 DISPUTE RESOLUTION How do courts settle disputes?, cont. Appellate courts, cont. Error of Law Occurs when the judge makes a mistake as to the applicable law wrong instructions permitted evidence that should not have been allowed In cases involving minor errors of law the trial court decision will not be reversed SLIDE 9

10 DISPUTE RESOLUTION How do courts settle disputes?, cont. Appellate courts, cont. Error of Law Occurs when the judge makes a mistake as to the applicable law wrong instructions permitted evidence that should not have been allowed In cases involving minor errors of law the trial court decision will not be reversed SLIDE 10

11 CHECKPOINT What are the two levels of courts, and what is the function of each? 1. Trial Courts court of original jurisdiction 2. Appeals Courts court of review, concerned with issues of law SLIDE 11

12 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 SLIDE 12

13 ORIGIN OF THE FEDERAL COURT SYSTEM Judiciary Acts established: U.S. Supreme Court 13 district courts Federal Courts of Appeal Specialized courts SLIDE 13

14 ORIGIN OF THE FEDERAL COURT SYSTEM Federal Courts: 94 federal judicial districts, all have a trial court & bankruptcy court 12 regional circuits, each has a court of appeals 13 Federal Courts of Appeal located in Washington D.C. hears cases from the U.S. Court of International Trade, U.S. Court of Federal Claims, U.S. Court of Patent and Trademark Office, U.S. Tax Court, and U.S. Court of Veterans Appeals SLIDE 14

15 CHECKPOINT Why was it left to the discretion of Congress to establish a Supreme Court and other inferior courts? SLIDE 15

16 JURISDICTION OF THE FEDERAL COURTS Federal District Courts Lowest federal level of general jurisdiction 1. Federal questions or constitutional cases, U.S. law, or treaties 2. Lawsuits between citizens of different states, U.S. citizen and foreign nation, or U.S. citizen and foreign national, must be over $75,000 Determine facts Make initial determinations of the law SLIDE 16

17 JURISDICTION OF THE FEDERAL COURTS, cont. Federal Courts of Appeals Jurisdiction over district courts, certain specialized federal courts, and many federal administrative agencies 13 courts, 12 circuit (responsible for geographical area), one is dedicated to the federal circuit, (courts/boards with specialized jurisdiction, claims against the federal government, etc) SLIDE 17

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19 JURISDICTION OF THE FEDERAL COURTS, cont. United States Supreme Court, (USSC) Original and appellate jurisdiction Only accepts cases that it feels contain a constitutional issue sufficiently important Writ of certiorari compels lower court to turn over record of a case to the USSC for review Only overturned by USSC or constitutional amendment Jurisdiction over state supreme court cases is limited to those with a federal question 9 justices SLIDE 19

20 JURISDICTION OF THE FEDERAL COURTS, cont. United States Supreme Court, (USSC) sets precedent that all courts in U.S. must follow can change laws, ie: segregation in schools about 80 cases a year have to show why a case should be heard, need four of nine judges to agree only exception of majority rule if it is accepted parties will write briefs on how the case should be decided public hearing each side gets 30 minutes judges get to ask questions SLIDE 20

21 FEDERAL COURT SYSTEM SLIDE 21

22 CHECKPOINT Name the three levels of federal courts and describe the jurisdiction of each. 1. US District Courts Trial courts of the federal system with original jurisdiction 2. Appellate Courts Intermediate courts, appellate jurisdiction 3. Supreme Court Both appellate and original jurisdiction SLIDE 22

23 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 SLIDE 23

24 A TYPICAL STATE COURT SYSTEM State trial courts State courts of appeals State supreme courts SLIDE 24

25 A TYPICAL STATE COURT SYSTEM SLIDE 25

26 CHECKPOINT What does a typical state court system have in common with the federal court system? SLIDE 26

27 STATE COURTS WITH SPECIALIZED JURISDICTIONS Associate circuit courts City or municipal courts Small claims courts Juvenile courts Probate courts SLIDE 27

28 State Courts Circuit Courts or Superior Courts (depends on state for terminology) general jurisdiction over both civil and criminal matters court of record keeps an exact account of trial determines facts of case either by using a jury or if there is no jury the judge will make this determination appeals will depend on this record review decisions of more specialized courts

29 State Courts Circuit Courts or Superior, cont. county, district, or municipal term will depend on the state specialized ie: family, traffic, criminal, probate, and small claims Probate involves wills and claims against estates of deceased persons may be able to appeal to intermediate court of appeals or directly to state supreme court If it only involves state law then it will end at the state level If the issue involves federal law or the federal constitution then it could go to the federal Supreme Court

30 CHECKPOINT Name the typical state courts that have specialized jurisdiction. SLIDE 30

31 Tribal Courts no longer possess complete authority over their reservations retain inherent powers regulate family relationships tribal membership law and order on the reservation delegated powers given for certain area, ie: environment SLIDE 31

32 Tribal Courts very complicated system, both federal and tribal laws determine the jurisdiction of tribal courts tribal authority does not include the right to prosecute non-native Americans for crimes committed on the reservation SLIDE 32

33 International Courts set up by the United Nations and other organizations International Court of Justice located at The Hague in the Netherlands any dispute based on international law that is submitted Tribunals, works with crimes against humanity, genocide, war crimes, and crimes of aggression U.S. opposed the creation of the International Court of Justice SLIDE 33

34 Juvenile Justice System Three General Groups: 1. Delinquent Offenders - youths who have committed acts that would be crimes if committed by adults 2. Status Offenders - youths who have committed acts that would not be crimes if committed by adults, ie: running away, skipping school, curfew violations, underage drinking - considered to be unruly and beyond control of parents/legal guardians SLIDE 34

35 Juvenile Justice System 3. Neglected and Abused Children court protects these children from their parent/guardian. when a parent/guardian is charged with failing to provide adequate food, clothing, shelter, or medical care when a child has been sexually, physically, or emotionally abused judge decides whether the child needs the protection of the court, should they remain with the family or be moved into a relatives or foster care home, go to counseling and/or treatment SLIDE 35

36 Juvenile Justice System Parental Responsibility Laws holding parents responsible for crimes committed by their children believe parents know or should know what their children are doing, especially in certain appropriate cases, ie: drug dealing, gang activities charged with contributing to the delinquency of a minor Laws for all 50 states SLIDE 36

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38 Juvenile Justice System 3 Ways to Try Juveniles as Adults There are three common ways in which to transfer a case from juvenile court to the adult system and try the juvenile as an adult. These are: 1. Judicial Waiver - some states give juvenile court judges the power to have a juvenile's case tried in adult criminal court 2. Direct File - sometimes called "Prosecutorial Discretion" - some states give prosecutors the power to decide whether or not a juvenile will be tried as an adult 3. Statutory Exclusion - some states have laws that require a youth's case to be tried in adult court - these laws usually base this automatic transfer on the youth's age, the seriousness or type of crime, and the juvenile's prior record SLIDE 38

39 Juvenile Justice System Types of Juvenile Hearings Initial Hearing - state must generally prove two things: an offense was committed and reasonable cause to believe the accused did it Preventive Hearing hearing about whether to detain minors serves a legitimate purpose in protecting the community and themselves from future crimes committed by that juvenile Adjudicatory Hearing - determines the facts of a case Dispositional Hearing - hearing where judge decides the sentence. SLIDE 39

40 Misc., cont. Precedent Written opinion or ruling lower courts in area where decision was made must follow the precedent higher court has power to reverse or change the precedent no power over courts in another jurisdiction or state can disagree with the precedent SLIDE 40

41 Misc., cont. Dissenting Written opinion from judges who do not agree with the courts decision opinion of the minority of the judges states reasons for disagreeing may become basis of future majority opinions SLIDE 41

42 Misc. Concurring Opinion Judges who agree with the courts decision but for different reasons that those used to support the majority opinion. SLIDE 42

43 PREVENT LEGAL DIFFICULTIES Be prepared... To avoid expensive litigation should a dispute develop, when you enter a contract include a provision requiring the use of a mediator or an arbitrator. To be sure of the rules and costs of any litigation that might develop under a legal document you sign, specify the jurisdiction in which such disputes must be resolved. Continued on the next slide SLIDE 43

44 PREVENT LEGAL DIFFICULTIES Know the facts about your state s juvenile court system especially with respect to ages, rights, and sentencing options. Have your parents see an attorney to make out a will and utilize other methods to avoid the expenses of probate. SLIDE 44