Overview of Court Systems and Dispute Resolution Methods
Court Systems
Chapter 3
Section 3-1
•
Forms of Dispute Resolution
What’s your verdict?
Bill and Aileen Turner ran Out of This World Destinations, a tour
business, in Roswell, New Mexico. As their business required
them to enter into numerous agreements for meals, lodging,
event tickets, and other travel expenses, the Turners put a term
in all their contracts requiring that disputes involving more than
$500 be resolved by arbitration instead of by a court of law.
Is the term requiring arbitration enforceable?
How Can Disputes Be Resolved Without Going
to Court?
•
•
•
- Their recommendations are NOT legally binding.
•
– holds an informal hearing and decision IS
binding and can be enforced by court.
•
Last resort is to
–
What’s your verdict?
Answer:
Is the term requiring arbitration enforceable?
How Do Courts Settle Disputes?
•
, a governmental forum that administers justice
under the law, decide disputes between private individuals
and also try criminal cases.
•
•
•
•
•
Two Levels of Courts
TRIAL COURTS
•
•
•
•
•
APPELLATE COURTS
•
•
•
•
•
•
Can listen to attorneys’ oral arguments in
support of those briefs.
•
Checkpoint ?
What are the two levels of courts, and what is the function of
each?
Section 3-2
•
The Federal Court System
What’s your verdict?
Holly Burton, a state circuit court judge, noted in conversation with
her nephew that the number of opinions turned out by the United
States Supreme Court (USSC) decided but a small percentage of the
cases that were qualified to be resolved by the nation’s highest legal
authority. For the 2008 term, for example, they only produced 83 full
opinions out of more than 10,000 that sought review and were placed
on the court’s docket. Her nephew, a political science major in
college, then mentioned that Congress might soon provide some help
by installing a court between the Federal Courts of Appeals and the
USSC. Judge Burton replied, “Congress can’t do that. It takes a
Constitutional amendment to change the federal court structure.”
“That is not true,” said her nephew.
Who is correct?
Origin of the Federal Court System
•
•
•
As a result, it took nearly 6 mos. after George Washington’s
inauguration for Congress to utilize the power and pass the
Fed. Judiciary Act.
•
•
What’s your verdict?
Answer:
Who is correct?
Checkpoint ?
Why was it left to the discretion of Congress to establish a
Supreme Court and other inferior courts?
What’s your verdict?
Susan Bean, a citizen of Illinois, sued Wallis 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.
Will the case be heard in federal or state court?
Jurisdiction of the Federal Courts
•
– refers to a court that can hear almost any
kind of case
•
There are levels of federal courts with general jurisdiction:
1.
2.
3.
•
– refers to a court that hears only 1 specific
type of case.
Jurisdiction of the Federal Courts (cont.)
Federal District Courts
•
•
•
•
Have original jurisdiction over:
•
•
•
More than $75,000 must be in dispute for a federal court to hear a diversity of
citizenship lawsuit)
What’s your verdict?
Answer:
Will the case be heard in federal or state court?
Jurisdiction of the Federal Courts (cont.)
Federal Courts of Appeals
•
•
•
Limited b/c:
•
•
•
Can only review the decisions of an agency based on 2 grounds:
1.
2.
Jurisdiction of the Federal Courts (cont.)
United States Supreme Court
•
•
– “cases affecting ambassadors, other public ministers and
consuls and those in which a state shall be party.”
•
– over cases on appeal from the U.S. Courts of Appeals or from
the highest courts of the various states.
•
•
•
Checkpoint ?
Name the three levels of federal courts and describe the
jurisdiction of each.
Section 3-3
•
State Court Systems
What’s your verdict?
At five years of age, Sheila began attending a small private school
in her community. Ten years later, the school closed down due
to lack of funding. Sheila then enrolled in the local public school.
She was told she would have to take one additional year of
courses required at the public school that were not properly
covered in the curriculum of her previous school. Sheila asked
the school board to waive the requirement and argues that she
had taken the standard state tests in each of the classes and
passed with flying colors. The school board refused, and Sheila
sued in the state circuit court but lost. She now plans to appeal
the issue to the U.S. Supreme Court.
Will her appeal be heard?
A Typical State Court System
•
The typical state legal system resembles the federal system.
•
•
•
Courts are organized into 3 tiers:
•
– geographically based set of trial courts w/ either general or
specialized jurisdictions
•
– appellate courts
•
– state supreme court as the ultimate level of appeal
*Both the and courts are controlled and supervised by
.
What’s your verdict?
Answer:
Will her appeal be heard?
State Trial Courts
•
•
– keeps an exact account of what goes on at trial.
•
•
State Courts of Appeals
•
•
•
State Supreme Courts
•
•
•
– title given to judges who sit on state supreme courts and the
federal Supreme Court
•
•
•
•
Checkpoint ?
What does a typical state court system have in common with
the federal court system?
What’s your verdict?
Chase, age 15, violated his state’s anti-hacking law by hacking
into his high school’s central grading system. He was caught and
referred to a juvenile court’s jurisdiction rather than a regular
trial court’s jurisdiction.
Will he be treated differently under the juvenile court’s
jurisdiction?
State Courts with Specialized Jurisdiction
Associate Circuit Courts/County Courts
•
•
•
•
City or Municipal Courts
•
•
•
•
•
State Courts with Specialized Jurisdiction
Small Claims Courts
•
•
•
•
Juvenile Courts
•
•
•
•
•
•
Probate Courts
•
What’s your verdict?
Answer:
Will he be treated differently under the juvenile court’s
jurisdiction?
Checkpoint ?
Name the typical state courts that have specialized jurisdiction.
Explore the functioning of court systems, forms of dispute resolution, enforceability of arbitration terms, and the role of courts in settling disputes. Learn about trial and appellate courts, federal court system, and the need for Constitutional amendments in the legal context.
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Presentation Transcript
Court Systems Chapter 3
Section 3-1 Forms of Dispute Resolution
Whats your verdict? Bill and Aileen Turner ran Out of This World Destinations, a tour business, in Roswell, New Mexico. As their business required them to enter into numerous agreements for meals, lodging, event tickets, and other travel expenses, the Turners put a term in all their contracts requiring that disputes involving more than $500 be resolved by arbitration instead of by a court of law. Is the term requiring arbitration enforceable?
How Can Disputes Be Resolved Without Going to Court? - Their recommendations are NOT legally binding. holds an informal hearing and decision IS binding and can be enforced by court. Last resort is to
Whats your verdict? Answer: Is the term requiring arbitration enforceable?
How Do Courts Settle Disputes? , a governmental forum that administers justice under the law, decide disputes between private individuals and also try criminal cases.
Two Levels of Courts TRIAL COURTS APPELLATE COURTS Can listen to attorneys oral arguments in support of those briefs.
Checkpoint ? What are the two levels of courts, and what is the function of each?
Section 3-2 The Federal Court System
Whats your verdict? Holly Burton, a state circuit court judge, noted in conversation with her nephew that the number of opinions turned out by the United States Supreme Court (USSC) decided but a small percentage of the cases that were qualified to be resolved by the nation s highest legal authority. For the 2008 term, for example, they only produced 83 full opinions out of more than 10,000 that sought review and were placed on the court s docket. Her nephew, a political science major in college, then mentioned that Congress might soon provide some help by installing a court between the Federal Courts of Appeals and the USSC. Judge Burton replied, Congress can t do that. It takes a Constitutional amendment to change the federal court structure. That is not true, said her nephew. Who is correct?
Origin of the Federal Court System As a result, it took nearly 6 mos. after George Washington s inauguration for Congress to utilize the power and pass the Fed. Judiciary Act.
Whats your verdict? Answer: Who is correct?
Checkpoint ? Why was it left to the discretion of Congress to establish a Supreme Court and other inferior courts?
Whats your verdict? Susan Bean, a citizen of Illinois, sued Wallis 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. Will the case be heard in federal or state court?
Jurisdiction of the Federal Courts kind of case There are levels of federal courts with general jurisdiction: 1. 2. 3. refers to a court that hears only 1 specific type of case. refers to a court that can hear almost any
Jurisdiction of the Federal Courts (cont.) Federal District Courts Have original jurisdiction over: More than $75,000 must be in dispute for a federal court to hear a diversity of citizenship lawsuit)
Whats your verdict? Answer: Will the case be heard in federal or state court?
Jurisdiction of the Federal Courts (cont.) Federal Courts of Appeals Limited b/c: Can only review the decisions of an agency based on 2 grounds: 1. 2.
Jurisdiction of the Federal Courts (cont.) United States Supreme Court cases affecting ambassadors, other public ministers and consuls and those in which a state shall be party. over cases on appeal from the U.S. Courts of Appeals or from the highest courts of the various states.
Checkpoint ? Name the three levels of federal courts and describe the jurisdiction of each.
Section 3-3 State Court Systems
Whats your verdict? At five years of age, Sheila began attending a small private school in her community. Ten years later, the school closed down due to lack of funding. Sheila then enrolled in the local public school. She was told she would have to take one additional year of courses required at the public school that were not properly covered in the curriculum of her previous school. Sheila asked the school board to waive the requirement and argues that she had taken the standard state tests in each of the classes and passed with flying colors. The school board refused, and Sheila sued in the state circuit court but lost. She now plans to appeal the issue to the U.S. Supreme Court. Will her appeal be heard?
A Typical State Court System The typical state legal system resembles the federal system. Courts are organized into 3 tiers: specialized jurisdictions appellate courts state supreme court as the ultimate level of appeal *Both the and courts are controlled and supervised by . geographically based set of trial courts w/ either general or
Whats your verdict? Answer: Will her appeal be heard?
State Trial Courts keeps an exact account of what goes on at trial.
State Supreme Courts title given to judges who sit on state supreme courts and the federal Supreme Court
Checkpoint ? What does a typical state court system have in common with the federal court system?
Whats your verdict? Chase, age 15, violated his state s anti-hacking law by hacking into his high school s central grading system. He was caught and referred to a juvenile court s jurisdiction rather than a regular trial court s jurisdiction. Will he be treated differently under the juvenile court s jurisdiction?
State Courts with Specialized Jurisdiction Associate Circuit Courts/County Courts City or Municipal Courts
State Courts with Specialized Jurisdiction Small Claims Courts Juvenile Courts Probate Courts
Whats your verdict? Answer: Will he be treated differently under the juvenile court s jurisdiction?
Checkpoint ? Name the typical state courts that have specialized jurisdiction.
