Chapter 3 Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems Slide  Chapte...
Hot Debate <ul><li>What alternative course of action other than filing suit in court, might Anthony utilize to bring about...
Court  <ul><li>Do you know anyone who’s been to court? </li></ul><ul><ul><li>Discuss this experience. Fair or unfair? </li...
3-1 Forms of Dispute Resolution <ul><li>GOALS </li></ul><ul><li>Explain how disputes can be settled without going to court...
DISPUTE RESOLUTION <ul><li>How can disputes be resolved without going to court? </li></ul><ul><ul><li>Mediation </li></ul>...
Mediation Role Play <ul><li>Mediator </li></ul><ul><li>Credit Card Company – Best Credit Card </li></ul><ul><li>Creditor –...
Arbitration Role Play <ul><li>Arbitrator (retired judge or legally trained) </li></ul><ul><li>Sports player </li></ul><ul>...
Compare and Contrast <ul><li>Mediation </li></ul><ul><li>Arbitration </li></ul>Slide  Chapter 3
What’s Your Verdict? <ul><li>Clickery-Clack Garage in Boston, MA, has a clause on their standard repair contract that read...
Mediation and Arbitration is not an option – Go to Court <ul><li>How do courts settle disputes? </li></ul><ul><li>Two Leve...
Mediation and Arbitration is not an option – Go to Court <ul><ul><li>2.  Appellate courts – reviews decisions of lower cou...
Slide  Chapter 3 <ul><li>A trial court has _______ jurisdiction over a case. </li></ul><ul><li>Second </li></ul><ul><li>Or...
Slide  Chapter 3 <ul><li>Appellate court review of trial court decisions is normally confined to errors of  </li></ul><ul>...
Compare and Contrast <ul><li>Trial Court </li></ul><ul><li>Appellate Court </li></ul>Slide  Chapter 3
Slide  Chapter 3
3-2 The Federal Court System <ul><li>GOALS </li></ul><ul><li>Identify the source of power of the federal courts </li></ul>...
ORIGIN OF THE  FEDERAL  COURT SYSTEM <ul><li>Judiciary Acts established: </li></ul><ul><li>U.S. Supreme Court </li></ul><u...
Slide  Chapter 3 The Supreme Court did not exist under the Articles of Confederation. <ul><li>True </li></ul><ul><li>False...
Slide  Chapter 3 <ul><li>What is the source of power of the federal courts? </li></ul><ul><li>The President of the U.S. </...
JURISDICTION OF THE FEDERAL COURTS <ul><li>Federal District Courts </li></ul><ul><li>Federal Courts of Appeals </li></ul><...
Federal Court System – US Supreme Court Slide  Chapter 3 Original jurisdiction over cases affecting ambassadors, other pub...
Federal Court System – Courts of Appeals Slide  Chapter 3 Appellate jurisdiction over the district courts, certain special...
Federal Court System-Trial Courts Slide  Chapter 3 Federal questions, or cases that arise under the Constitution U.S. Law,...
Federal Court System Slide  Chapter 3
U.S. District Courts <ul><li>http://www.uscourts.gov/courtlinks/ </li></ul>Slide  Chapter 3
What’s your verdict? <ul><li>Susan Bean, a citizen of Illinois, sued Wallis Turn, a citizen of Colorado for breach of a co...
Slide  Chapter 3
FEDERAL COURT  QUIZ Slide  Chapter 3
Which court is the lowest level in the federal court system with general jurisdiction? <ul><li>Federal District Court </li...
Which court has appellate jurisdiction over district courts? <ul><li>Federal District Court </li></ul><ul><li>Federal Cour...
Which type of court has 12 courts that are considered circuit courts for a specific geographic area? <ul><li>Federal Distr...
Which court has original jurisdiction over cases affecting ambassadors and public ministers? <ul><li>Federal District Cour...
Which court has original jurisdiction over lawsuits between citizens of different states? <ul><li>Federal District Court <...
Which court’s decisions can be overturned by a constitutional amendment? <ul><li>Federal District Court </li></ul><ul><li>...
Which type of court has 13 different courts in the federal system? <ul><li>Federal District Court </li></ul><ul><li>Federa...
Which court has both original and appellate jurisdiction? <ul><li>Federal District Court </li></ul><ul><li>Federal Court o...
Which type of court does not accept new evidence or call witnesses? <ul><li>Federal District Court </li></ul><ul><li>Feder...
Which court has original jurisdiction over lawsuits involving more than $75,000? <ul><li>Federal District Court </li></ul>...
Which court can issue a  writ of certiorari  to state courts? <ul><li>Federal District Court </li></ul><ul><li>Federal Cou...
Which court can overturn decisions made by the State (Illinois) Supreme Court? <ul><li>Federal District Court </li></ul><u...
How did you do? Slide  Chapter 3
3-3 State Court Systems <ul><li>GOALS </li></ul><ul><li>Compare the structure of a typical state court system with the str...
A TYPICAL STATE COURT SYSTEM <ul><li>State trial courts </li></ul><ul><li>State courts of appeals </li></ul><ul><li>State ...
Slide  Chapter 3 A Typical State Court System Panel of 3 or more justices review the case Original jurisdiction over most ...
Slide  Chapter 3 <ul><li>A state supreme court can make its own determinations of the facts in a appellate case. </li></ul...
Slide  Chapter 3 A Typical State Court System Panel of Judges-no more than 3 <ul><li>No new evidence </li></ul><ul><li>No ...
Slide  Chapter 3 A Typical State Court System General jurisdiction Trial courts with specialized jurisdiction
STATE COURTS WITH SPECIALIZED JURISDICTIONS <ul><li>Associate circuit courts </li></ul><ul><li>City or municipal courts </...
Slide  Chapter 3 A Typical State Court System McHenry County Courthouse Associate Circuit Courts
Slide  Chapter 3 A Typical State Court System McHenry County Courthouse Divorce,  custody
Slide  Chapter 3 A Typical State Court System McHenry County Courthouse Over 13 under 19. 28 states set a minimum age whic...
What’s your verdict? <ul><li>Chase, age 15, violated his states anti-hacking law. He was caught and referred to a juvenile...
Slide  Chapter 3 A Typical State Court System Cities-Crystal Lake, McHenry, Woodstock Civil actions (People to People) are...
Slide  Chapter 3 A Typical State Court System Death. Disperse property.
Slide  Chapter 3 A Typical State Court System Charged with a crime, usually a felony.
Slide  Chapter 3 A Typical State Court System McHenry County Courthouse – You’re getting married
Slide  Chapter 3 A Typical State Court System Civil claims under $2500 for most states. Under $10,000 for McHenry County. ...
Slide  Chapter 3 <ul><li>Attorneys generally are not required in a small claims court. </li></ul><ul><li>True </li></ul><u...
Sample Case <ul><li>The jury in Martin’s case convicted him of grand larceny partially based on evidence found in the trun...
What’s Your Verdict? <ul><li>Sheila had a beautiful apartment with a view of the harbor. After she had lived there several...
Illinois State Courts <ul><li>http://www.state.il.us/court/ </li></ul>Slide  Chapter 3
How did you do? Slide  Chapter 3
The Right to a Jury Trial <ul><li>Jury – 14 th , 16 th  and 17 th  amendments </li></ul><ul><ul><li>Why would someone want...
Jury Selection <ul><li>Voir Dire  – Interview potential jurors for possible biases </li></ul><ul><li>Challenge for Cause <...
Exemptions from Jury Duty <ul><li>What are some good reasons?  </li></ul><ul><ul><li>Convicted Felon </li></ul></ul><ul><u...
Venue <ul><li>Proper place to bring suit </li></ul><ul><li>Change of venue </li></ul><ul><ul><li>Why? </li></ul></ul><ul><...
Trial Activity <ul><li>Criminal Case </li></ul><ul><li>State (Plaintiff) vs. Mike (Defendant), an 18 year old high school ...
Following a Case through  the Court System <ul><li>Court Procedure </li></ul><ul><li>The Pleadings </li></ul><ul><li>Choic...
PREVENT LEGAL DIFFICULTIES <ul><li>Be prepared . . . </li></ul><ul><li>To avoid expensive litigation should a dispute deve...
PREVENT LEGAL DIFFICULTIES <ul><li>Know the facts about your state’s juvenile court system especially with respect to ages...
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  • Chapter 3 08/19/10 LAW
  • Anthony would find such activities prohibited under federal antidiscrimination statutes and he would be able to sue for damages and an injunction against like treatment in the future. Also if the employer retaliated against Anthony, the courts could correct such actions. Finally, although Anthony has no legal duty to sue, he does have a moral duty to those who may be discriminated against at a later time by the same employer. Bringing suit would produce a public record and perhaps a court injunction prohibiting the employer from this and like practices. Chapter 3 08/19/10 LAW
  • Discussion Chapter 3 08/19/10 LAW
  • Chapter 3 08/19/10 LAW
  • Mediation – The mediator tries to develop a solution acceptable to both sides of the dispute. The actions of a mediator are advisory (not legally binding on the parties). Arbitration – An arbitrator usually holds an informal hearing to determine what happened. The arbitrator’s decision, unlike that of a mediator is binding on both parties. The decision can be enforced by court order if necessary. Sometimes, a provision for arbitration is included in the original agreement between the parties. Chapter 3 08/19/10 LAW
  • Ask students to role play. Chapter 3 08/19/10 LAW
  • Ask students to role play. Chapter 3 08/19/10 LAW
  • Chapter 3 08/19/10 LAW
  • Yes. If both parties agree to the contract then either party can require a dispute over the repairs to be resolved by arbitration. Chapter 3 08/19/10 LAW
  • A court can be defined as a governmental forum that administers justice under the law. Courts decide disputes between private individuals and try criminal cases. A court may award damages or order other appropriate relief in resolving private disputes and impose punishment (fina and/or imprisonment) in the criminal cases. Courts follow impartial and thorough procedures to make decisions. Witnesses are in some cases compelled to give testimony. The accused party is allowed equal opportunity to argue her or his side of the case. Typically, two levels of courts are involved in deciding a dispute. Chapter 3 08/19/10 LAW
  • Chapter 3 08/19/10 LAW
  • Trial courts – the court in which a dispute is first heard. Witnesses Facts of the case Apply law and reach verdict (decision) ORIGINAL JURISDICTION Appellate courts – reviews decisions of lower courts when a party claims an error of law was made during the lower court’s proceeding. DO NOT determine fact Examines the transcript Read appellate briefs (written arguments on the issues of law submitted by the opposing attorneys). Question attorneys about the facts Affirm (upheld) reversed (overturned) amended (changed) remanded (sent back to the trial court for corrective action or possible a new trial) or a combination of these Chapter 3 08/19/10 LAW
  • The federal court system gets their power form the constitution. They provide a neutral forum for the resolution of disputes so significant that a state court might be biased in their resolution. Chapter 3 08/19/10 LAW
  • History: The Articles of Confederation did not allow for a Supreme Court, and some citizens did not think a Supreme Court would be needed under the Constitution. Many of our ancestors did not believe that a federal supreme court was necessary because they presumed that disputes between citizens of various states could be fairly litigated in the state court systems. Through Article III of the Constitution the people conferred the power to judge certain criminal and civil matters on a system of federal courts. As a result, after George Washington’s inauguration as the nation’s first president, it took nearly six months for Congress to utilize the power it was granted under Article III and pass the Federal Judiciary Act. This act ordained and established the U.S. Supreme Court and 13 district courts. In 1891, approximately a century after passing the initial Federal Judiciary Act, Congress passed a Judiciary Act that established the federal Courts of Appeal. Certain specialized courts , such as those concerned primarily with tax or bankruptcy matters , also were created as the need for them arose. Chapter 3 08/19/10 LAW
  • Currently there are 3 levels of Federal courts with general jurisdiction . These are federal district courts , federal courts of appeals, and the U.S. Supreme Court . A court with general jurisdiction can hear almost any kind of case. A court with specialized jurisdiction hears only one specific type of case. Chapter 3 08/19/10 LAW
  • Jurisdiction over state supreme court cases is limited to those in which a federal question has been brought out at the trial court level. The decisions of the USSC that interpret or apply the U.S. Constitution are final and can only be overturned by the USSC itself or by a constitutional amendment. Original and Appellate Jurisdiction Original - cases affecting ambassadors, other public ministers and consuls and those in which a state shall be party. Appellate – Cases on appeal from the U.S. courts of appeals or from the highest courts of the various states. If the U.S. Supreme Court believes that a case contains a constitutional issue sufficiently important to be decided by it, the Supreme Court will issue writ of certiorari to the last court that heard the case. Chapter 3 08/19/10 LAW
  • Appellate Jurisdiction over the district courts, certain specialized federal courts, and many federal administrative agencies. Lower court appeals by one or more of the parties to the case No new evidence No witnesses Review trial transcripts, Appellate briefs, Hear oral arguments of the attorneys 13 Federal courts of appeal. 12 circuit courts (assigned geographic area) 1 federal circuit (patent cases, and appeals from federal courts with specialized jurisdictions) Chapter 3 08/19/10 LAW
  • The federal (or U.S.) district court is the lowest level of federal court with general jurisdiction. This is the trial court (the first court to hear the dispute) of the federal system. It has the power to determine the facts and to make initial determinations of the law to use in deciding the case. In general district courts have original jurisdiction over (a) federal questions , or cases that arise under the constitution , U.S. law, and U.S. treaties; and (b) lawsuits between citizens of different states, between a U.S. citizen and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation. These parties are said to have diversity of citizenship . More than $75,000 must be in dispute for a federal court to hear a diversity of citizenship lawsuit. Otherwise a state court will decide the case. Chapter 3 08/19/10 LAW
  • Chapter 3 08/19/10 LAW
  • The courts of a typical state’s judicial branch are organized into three tiers. In the bottom tier is a geographically based set of trial courts with either general or specialized jurisdictions. An appellate tier of courts is next. This appellate tier is then capped by a state supreme court as the ultimate level of appeal. Both the trial and appellate courts are controlled an supervised by this supreme court. Chapter 3 08/19/10 LAW
  • Generally, in whatever legal issue you confront, you are entitled to a trial and to one appeal, if filed in a timely manner and in the proper form. Only cases that involve the most vital and complex legal issues are taken to the justices of the state supreme court. State supreme courts issue the final decision on matters of law appealed to them. However, if a U.S. Constitutional or other federal question of law is involved, a further appeal can go to the U.S. Supreme Court. Chapter 3 08/19/10 LAW
  • State Courts of Appeals An appeal from a court of record is typically reviewed by a panel of judges in a state court of appeals. The panel of judges form the state court of appeals usually consists of no more than three judges. The state court appellate procedure is very similar to that of the federal courts of appeals. Chapter 3 08/19/10 LAW
  • State Trial Courts- General original jurisdiction over both criminal and civil matters – are known as circuit courts. Other states refer to them as superior courts, district courts, or courts of common pleas. Regardless of their name, these trial courts are the courts of record in the state system. Courts 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. The record may include a transcript of what was said, the evidence that was submitted, statements, the determinations of the court officials, and the judgment of the court. State trial courts also review the decisions of courts of more specialized jurisdiction, such as the small claims courts, which are not courts of record. When necessary, state trial courts retry such cases to make a proper record for the purpose of potential appeals. Because a state trial court has original jurisdiction over cases before it, it makes determinations of the facts in the case often by using a jury. If a jury is not requested by the parties in the case, the judge will determine the facts. Once the facts have been determined, the judge will select and apply the law to the facts to reach a verdict. Chapter 3 08/19/10 LAW
  • Below the main circuit court level in most states are courts with specialized jurisdictions. These courts include the associate circuit, municipal, small claims, juvenile, and probate courts. Chapter 3 08/19/10 LAW
  • Associate Circuit Courts Many states have a layer of courts below their main courts of general original jurisdiction. These lower courts are referred to as associate circuit courts or county courts. Such courts hear minor criminal cases, state traffic offenses, and lawsuits in which relatively small amounts are involved (usually no more than $25,000). Generally, these courts are not courts of record. However, they take a significant burden off the higher courts, even though appeals from their decisions can be taken to a state trial court for a trial on the record. Chapter 3 08/19/10 LAW
  • Family Court Chapter 3 08/19/10 LAW
  • Juvenile Courts Younger members of society – those over 13 and under 18 years of age in most states are referred to as juveniles. Washington DC and 22 state do not have a set minimum age for a child to be tried as an adult. 28 of the states do have a set minimum age which ranges from 10-15 years. Society typically believes that juveniles should not be held as responsible as adults for their criminal acts. To carry out this policy, special juvenile courts have been set up. In these courts the juvenile is entitled to his or her full constitutional rights, including the right to be represented by an attorney. If the juvenile is found guilty of the charges brought, the court has wide powers in determining what should be done. The emphasis for juveniles generally is on rehabilitation, not punishment. Release into the supervision of parents, guardians, or governmental officials; placement in foster homes; and detention in correctional facilities. These courts ensure that most of the criminal cases involving juveniles do not become public knowledge. The courtroom is closed while informal hearing into the charges is conducted. Any records made on juvenile cases are not open to the public. If rehabilitation fails or is shown to be impossible the young offender can be tried an punished as an adult. This occurs only in cases involving a very serious offense. For example, murder and certain other crimes may bring about trial and punishment through the criminal law system. Appeals from actions of the juvenile courts are directed to the circuit courts. Chapter 3 08/19/10 LAW
  • City or Municipal Court Cities typically have courts that administer their ordinances. These municipal courts are usually divided into traffic and criminal divisions. As city ordinances often overlap with or duplicate state laws, less serious violations occurring within city limits are brought before such municipal courts for their first trial. The result can then be appealed to the state trial court level if necessary. Although the penalties for violating ordinances can be as sever, ordinances are not considered criminal laws. Only state and federal governments can make an act criminal. Chapter 3 08/19/10 LAW
  • Probate Court When individuals die, their property and other interests must be divided according to their wishes and the appropriate laws. The courts that administer wills and estates to accomplish this task are called probate courts. Chapter 3 08/19/10 LAW
  • Chapter 3 08/19/10 LAW
  • Chapter 3 08/19/10 LAW
  • Small Claims Court Minor individual suits would not often be heard if not for the small claims courts. These courts handle disputes in which small amounts, generally, $2,500 or less, are involved. $10,000 or less in McHenry County. The judge hears the case without a jury or formal rules of evidence. Decisions of small claims court also can be appealed to a state trial court. Chapter 3 08/19/10 LAW
  • Shelia could not take her appeal directly to the U.S. Supreme Court. Generally, there is no guaranteed right to be heard on appeal by even the state supreme court, with the exception of capital murder convictions. Chapter 3 08/19/10 LAW
  • The U.S. constitution guarantees the right to trial by jury in the 17 th amendment , which states that “ where the value in controversy shall exceed $20, the right of trial by jury shall be preserved”. Most states however, require a higher dollar amount. Iowa, for example, requires that the value in controversy exceed $1,000 in civil cases. Most trials take place in front of a jury. It is the jury that is responsible for determining the facts of a case . The judge usually does not take an active role in the presentation of the case. Rather, the lawyer, acting as the clients advocate presents the facts to convince the jury of the truth of that version. Judges usually are responsible for making sure that the proper law has been applied. In some cases, however, trials are held in front of a judge only. These are called bench trials. Criminal cases are different matter. The 16 th amendment to the U.S. Constitution states the following: “ In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trail, by an impartial jury of the state and district wherein the crime shall have been committed.” The 14 th amendment has been interpreted to require a jury trial in virtually any serious matter in state courts. In any event, defendants in criminal cases may waive their right to a jury trial. That means that they simply indicates that they are willing to have their case tried before a judge only. It is then the judge who makes the necessary findings of the facts and imposes a sentence without the aid of a jury.
  • If you were accused of a crime, you certainly would want the people judging you-normally the jury-not to bring any personal emotions and prejudices to the trial. Consequently, each state has come up with a jury-selection procedure that attempts to place on each jury unbiased, impartial individuals. The names of potential jurors are usually selected from voter registration lists, home ownership lists, and sometimes driver’s license lists in a particular location. The judge, prosecutor, and defense attorneys examine prospective jurors to ensure that their judgment will be impartial in a process called voir dire, a French phrase meaning “to speak the truth”. Usually voir dire consists of questions asked orally to individual prospective jurors. The questions are meant to determine whether each person could render a fair judgment. Legal Focus – page 80 Car darts out and forces you off the road. Civil trial. Hire attorney. Attorney is conducting voir dire. Attorney asks each prospective juror “Have you ever been sued for causing an automobile accident” One person says yes. Does the “yes” answer indicate that this person might be a biased juror who could not give you an impartial hearing of the facts? What should your attorney do? The answer is not straightforward. A potential juror’s experience or knowledge of a situation may or may not show bias. After all, everyone has a set of beliefs and opinions based on his or her culture, education, family background, income level, and experience. The relevant question is whether a potential juror’s experience makes that person unable to be fair in a particular case. Whenever the bias is obvious, a judge may excuse the prospective juror for cause. In the situation just described, the prospective juror who has been sued for causing an automobile accident might in fact not be as impartial as someone without this experience. Here the judge might and often will excuse the prospective juror for cause. Challenge for Cause There are no limits to the number of challenges for cause. If a prospective juror has strong opinions about the defendant’s guilt they can be excused. Preemptory Challenge Each attorney can also issue a peremptory challenge, a challenge without cause. Peremptory challenges allow attorneys to eliminate prospective jurors for any reason, except on the basis of race. However, only a few prospective jurors can be excuses in this way, six for example in civil actions, and generally only a few more in criminal actions. Reasons need not be stated for a peremptory challenge.
  • Certain individual who are automatically exempt, or disqualified, from jury duty. Noncitizens, minors, persons unable to read, write, and understand English, convicted criminals and people who have lived in the state for less than a year are automatically disqualified. Temporarily exempt Absence from a job or family would cause an unreasonable hardship there is normally a good reason for an exemption. Legal Focus: You completed high school and college. You’re at your first job. Good chance for promotion. Jury duty comes up. You inform your employer that you have to go downtown during the following week. You are selected for jury duty lasting two weeks. Can your employer fire you? No. It is illegal for an employer to penalize or discriminate against any employee simply because that employee is serving or has served on a jury. Firing the employee is also illegal. Discriminating against such an employee by deducting part of his or her wages or making the employee use paid vacation days while serving on a jury is also illegal. Individuals who serve on juries are paid $30 per day in federal court and $20 per day in state court. Transportation expenses are also reimbursed.
  • Venue Physical location. There is not just one state court. There are many scattered throughout each state. Venue means district in your state court. The court should be close to where the incident leading to the suit occurred or close to where the parties involved in the suit live. Normally, this means that the court should be in the same county. If a suit is going to jury trial, and it has had a lot of publicity, parties involved may ask for a change of venue in order to ensure that an impartial jury can be found. Normally, requests for a change in venue occur in serious criminal cases. Legal Focus Famous change of venue case. 1992 – Los Angeles California. An African-American motorist named Rodney King was chased in his car, stopped, beaten by four Los Angeles police officers. The officers were accused of using excessive force. The beating was taped by a bystander, who provided the video to television stations nationwide, and the videotape was replayed thousands of times across the nation. The publicity surrounding the beating caused the attorneys for the police officers to request a change of venue from Los Angeles. The attorneys argued that the officers could not get a fair trial. The request was granted. The trial was transferred to Simi Valley, 40 miles away. There the Simi Valley jurors entered a not guilty verdict. The verdict was followed by several days of rioting I South Central Los Angeles – the most extensive and expensive inner city rioting in the history of the United States. Critics of the jury verdict argued that the change of venue to a community that contained very few minorities was improper, particularly given that the jury did not reflect the cultural and ethnic makeup of the community in which the alleged excessive force by the four white police officers occurred.
  • Court Procedure Federal rules of procedure differ from procedural rules for state courts. Procedural rules differ in criminal and civil cases. The Pleadings Cause of Action – a legal right or adequate legal basis for suing. Pleadings – Formal written statements to a court made by each side to a dispute. Plaintiff – files a pleading known as a complaint. Facts necessary for the court to take jurisdiction. Facts necessary to show the plaintiff’s right to sue. What the plaintiff seeks (usually a request for money for injuries and damages). Defendant – the person being sued. Summons – informs defendant that he has a certain time period in which to respond to the complaint. Process Server – delivers complaint (McHenry County Sheriff) If the person cannot be served, or avoids service, they may just post notice in the newspaper. Choices Available after receipt of the summons and complaint Defendant can respond. Hire an attorney Provides an answer. The answer responds to the charges and demands made in the plaintiff’s complaint. May deny all plaintiff’s statements. May admit any statements in the complaint that he believes are true and deny the rest. Answer is filed with the county clerk. Defendant does not respond – court enters a default judgment against him. The plaintiff wins the case. Defendant files a counterclaim –sues plaintiff. Plaintiff will reply with an answer. Defendant files a motion to dismiss the complaint. This is a formal request to a court for some action. This is done when the complaint even if true, is legally insufficient to require an answer. “So what” motion. Dismissals and Judgment before Trial Few lawsuits actually come to trial. Usually the matter is resolved through a voluntary settlement between the parties outside of court. Proceedings before the trial Once a civil lawsuit has begun a year or more may pass before the trial takes place. In some states or counties, shortages of judges create crowded court schedules (called calendars or dockets). This can cause delays as long as five years before a trial begins. Discovery Gathering information from the opposing party and from other witnesses. Educates each party about the facts surrounding the lawsuit Promotes voluntary settlement of the dispute by revealing strengths and weaknesses in the case of each party. Eliminates surprises that might otherwise arise at the trial and might lead to an unfair trial and verdict. Depositions A deposition is a witness that gives sworn testimony under oath. An authorized court official usually a court reporter records the testimony. Depositions are often taken at the office of one of the attorneys. Attorneys from both sides ask questions of witnesses giving depositions. These answers help the attorneys prepare their cases. They can also be used in court to impeach a party or a witness. (Show the witness is not truthful). Depositions can also be used as testimony if a witness cannot be present at the trial. Interrogatories A series of written questions for which written answers are prepared and then signed under oath. These documents are only sent to the parties (the plaintiff and the defendant) and they can prepare their answers with their attorneys. Compliance With Discovery Requests If a party refuses to cooperate with discovery requests, a judge may order him/her to do so. A parties refusal to cooperate can be judged contempt of court and they can be fined or imprisoned. The Pretrial Conference Either party or the court can request a pretrial hearing or conference. A pretrial hearing usually takes place after the discover process is over. The conference consists of an informal discussion between the judge and the opposing attorneys. The purpose of the hearing is to identify the matters that are in dispute and to plan the course of the trial . At the pretrial hearing, the judge may encourage the parties to settle without a trial (an out of court settlement). At the Trial Opening statements – at the beginning of the trial, made by both attorneys, outlining the facts they intend to prove during the trial. Plaintiff presents first. Call witnesses Introduce into evidence documents, photos or whatever bears on the issues. (Items to be used to decide the true facts). Remarks attorneys make are not evidence. There are many rules about what evidence can be admitted in a case. Must be relevant (related to the fact in dispute). Attorneys may object to the introduction of evidence they believe is not admissible. The judge rules on all objections made by attorneys on offered evidence. Sustained – the judge agrees with the objection. Overruled – the judge disagrees with the objection. The plaintiff’s lawyer has the burden of proof (must prove that the acts referred to in the complaint took place.) The burden is met by proving the case by a preponderance of the evidence. (More probably than not that the plaintiff is right) Plaintiff calls the first witness and questions him/her. This is known as direct examination. Defendant can then question the witness. This is known as cross examination. After the plaintiff’s case has been presented, the defendant’s attorney may make a motion for a directed verdict (asking whether or not the plaintiff’s case had sufficient believable evidence to support the claim). This is usually not granted. The defendant’s case is next. The defense attorney has the right to call and examine his or her witnesses, and the plaintiff has the right to cross examine. At the end of the defendant’s case, either attorney can move for a directed verdict. These motions are seldom granted. A judge will grant a directed verdict against a party only when convinced that the party did not produce any reliable evidence supporting his or her position in the lawsuit. After both sides have finished producing their witnesses, each attorney presents a closing argument. The plaintiff’s lawyer is first. In the closing arguments the two opposing attorneys will urge the court to return a verdict that favors their respective client. Next, in a jury trial, the judge instructs the jury in the law applying to the case. The jury retires to the jury room to deliberate a verdict (decision). How is a Case ended? The verdict is opinion of the jury. If the judge agrees with the jury he/she will order a judgment (order someone to do or not do something, for example, pay money.) If the judge concludes that the jury verdict is unreasonable, he or she can overturn the jury verdict. The judge can do the following: Motion for a new trial (order a new trial) motion for a judgment notwithstanding a verdict (give the judgment to the other party). The judicial branch is done. The losing party may appeal the judgment of the court. Sometimes a party may return to court to modify a court order or if an order of the court is not obeyed. Most cases are settled out of court because of the time and expense of trying a lawsuit. Of the cases that go to trail about 97% are permanently resolved at the trial level without an appeal.
  • Chapter 3

    1. 1. Chapter 3 Court Systems 3-1 Forms of Dispute Resolution 3-2 The Federal Court System 3-3 State Court Systems Slide Chapter 3
    2. 2. Hot Debate <ul><li>What alternative course of action other than filing suit in court, might Anthony utilize to bring about a resolution of the issue? </li></ul><ul><li>Does Anthony have a duty to anyone, legally or morally to bring a lawsuit, instead of using alternative forms of dispute resolution? </li></ul>Slide Chapter 3
    3. 3. Court <ul><li>Do you know anyone who’s been to court? </li></ul><ul><ul><li>Discuss this experience. Fair or unfair? </li></ul></ul><ul><ul><ul><li>Why does perception of what is fair differ among diverse groups? </li></ul></ul></ul><ul><li>Have you watched a trial on television? </li></ul><ul><ul><li>Discuss. </li></ul></ul>
    4. 4. 3-1 Forms of Dispute Resolution <ul><li>GOALS </li></ul><ul><li>Explain how disputes can be settled without going to court </li></ul><ul><li>Name the different levels of courts and describe their jurisdictions and powers </li></ul>Slide Chapter 3
    5. 5. DISPUTE RESOLUTION <ul><li>How can disputes be resolved without going to court? </li></ul><ul><ul><li>Mediation </li></ul></ul><ul><ul><li>2. Arbitration </li></ul></ul>Slide Chapter 3
    6. 6. Mediation Role Play <ul><li>Mediator </li></ul><ul><li>Credit Card Company – Best Credit Card </li></ul><ul><li>Creditor – owes Best Credit Card company $7,677 in credit card debt. </li></ul><ul><li>Currently not working </li></ul><ul><li>Behind in the $123 per month credit card payment </li></ul><ul><li>Interest is occurring at a rate of $100 per month. </li></ul>Slide Chapter 3
    7. 7. Arbitration Role Play <ul><li>Arbitrator (retired judge or legally trained) </li></ul><ul><li>Sports player </li></ul><ul><li>Sports team owner </li></ul><ul><li>Case: The sports player is asking for benefits totaling $1.3 million dollars. During his season with the team, he was entitled to “bonuses” based on team appearances. However, he missed one important “media” event after they won the championship. The sports owner believes that this media event is a reflection of his benefits. The sports player signed an arbitration agreement at the beginning of his employment. </li></ul>Slide Chapter 3
    8. 8. Compare and Contrast <ul><li>Mediation </li></ul><ul><li>Arbitration </li></ul>Slide Chapter 3
    9. 9. What’s Your Verdict? <ul><li>Clickery-Clack Garage in Boston, MA, has a clause on their standard repair contract that reads: “any and all disputes arising out of their repair work are to be settled by arbitration rather than by a court of law. </li></ul><ul><li>Is this clause enforceable? </li></ul><ul><li>A. Yes </li></ul><ul><li>B. No </li></ul>Slide Chapter 3
    10. 10. Mediation and Arbitration is not an option – Go to Court <ul><li>How do courts settle disputes? </li></ul><ul><li>Two Levels </li></ul><ul><ul><li>1 . Trial courts – the court in which a dispute is first heard. </li></ul></ul><ul><ul><ul><li>Witnesses </li></ul></ul></ul><ul><ul><ul><li>Facts of the case </li></ul></ul></ul><ul><ul><ul><li>Apply law and reach verdict (decision) </li></ul></ul></ul><ul><ul><ul><li>ORIGINAL JURISDICTION </li></ul></ul></ul>Slide Chapter 3
    11. 11. Mediation and Arbitration is not an option – Go to Court <ul><ul><li>2. Appellate courts – reviews decisions of lower courts when a party claims an error of law was made during the lower court’s proceeding. </li></ul></ul><ul><ul><ul><li>DO NOT determine fact </li></ul></ul></ul><ul><ul><ul><li>Examines the transcript </li></ul></ul></ul><ul><ul><ul><li>Read appellate briefs (written arguments on the issues of law submitted by the opposing attorneys). </li></ul></ul></ul><ul><ul><ul><li>Question attorneys about the facts </li></ul></ul></ul><ul><ul><ul><li>Affirm (upheld) reversed (overturned) amended (changed) remanded (sent back to the trial court for corrective action or possible a new trial) or a combination of these </li></ul></ul></ul>Slide Chapter 3
    12. 12. Slide Chapter 3 <ul><li>A trial court has _______ jurisdiction over a case. </li></ul><ul><li>Second </li></ul><ul><li>Original </li></ul><ul><li>No </li></ul><ul><li>Appeal </li></ul>
    13. 13. Slide Chapter 3 <ul><li>Appellate court review of trial court decisions is normally confined to errors of </li></ul><ul><li>Procedures </li></ul><ul><li>Witnesses </li></ul><ul><li>Facts </li></ul><ul><li>Law </li></ul>
    14. 14. Compare and Contrast <ul><li>Trial Court </li></ul><ul><li>Appellate Court </li></ul>Slide Chapter 3
    15. 15. Slide Chapter 3
    16. 16. 3-2 The Federal Court System <ul><li>GOALS </li></ul><ul><li>Identify the source of power of the federal courts </li></ul><ul><li>Name the major federal courts and describe their jurisdictions and powers </li></ul>Slide Chapter 3
    17. 17. ORIGIN OF THE FEDERAL COURT SYSTEM <ul><li>Judiciary Acts established: </li></ul><ul><li>U.S. Supreme Court </li></ul><ul><li>13 district courts </li></ul><ul><li>Federal Courts of Appeal </li></ul><ul><li>Specialized courts </li></ul>Slide Chapter 3
    18. 18. Slide Chapter 3 The Supreme Court did not exist under the Articles of Confederation. <ul><li>True </li></ul><ul><li>False </li></ul>
    19. 19. Slide Chapter 3 <ul><li>What is the source of power of the federal courts? </li></ul><ul><li>The President of the U.S. </li></ul><ul><li>Congress </li></ul><ul><li>U.S. Constitution </li></ul><ul><li>State Courts </li></ul>
    20. 20. JURISDICTION OF THE FEDERAL COURTS <ul><li>Federal District Courts </li></ul><ul><li>Federal Courts of Appeals </li></ul><ul><li>United States Supreme Court </li></ul>Slide Chapter 3
    21. 21. Federal Court System – US Supreme Court Slide Chapter 3 Original jurisdiction over cases affecting ambassadors, other public ministers and consuls and those in which a state shall be party. Appellate jurisdiction over cases on appeal from the U.S. Courts of Appeals or from the highest courts of the various states. Usually chooses to hear cases involving constitutionality .
    22. 22. Federal Court System – Courts of Appeals Slide Chapter 3 Appellate jurisdiction over the district courts, certain specialized federal courts and many federal administrative agencies. No new evidence. No witnesses. Review trial transcript. Read lawyer briefs. Hear oral arguments.
    23. 23. Federal Court System-Trial Courts Slide Chapter 3 Federal questions, or cases that arise under the Constitution U.S. Law, and U.S. treaties. Lawsuits between citizens of different states, between a U.S. citizen and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation. Diversity of citizenship – more than $75,000 must be at stake.
    24. 24. Federal Court System Slide Chapter 3
    25. 25. U.S. District Courts <ul><li>http://www.uscourts.gov/courtlinks/ </li></ul>Slide Chapter 3
    26. 26. What’s your verdict? <ul><li>Susan Bean, a citizen of Illinois, sued Wallis Turn, a citizen of Colorado for breach of a construction contract on Bean’s 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. </li></ul><ul><li>Will the case be heard in federal or state court? </li></ul><ul><li>Federal </li></ul><ul><li>State </li></ul>Slide Chapter 3
    27. 27. Slide Chapter 3
    28. 28. FEDERAL COURT QUIZ Slide Chapter 3
    29. 29. Which court is the lowest level in the federal court system with general jurisdiction? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    30. 30. Which court has appellate jurisdiction over district courts? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    31. 31. Which type of court has 12 courts that are considered circuit courts for a specific geographic area? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    32. 32. Which court has original jurisdiction over cases affecting ambassadors and public ministers? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    33. 33. Which court has original jurisdiction over lawsuits between citizens of different states? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    34. 34. Which court’s decisions can be overturned by a constitutional amendment? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    35. 35. Which type of court has 13 different courts in the federal system? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    36. 36. Which court has both original and appellate jurisdiction? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    37. 37. Which type of court does not accept new evidence or call witnesses? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    38. 38. Which court has original jurisdiction over lawsuits involving more than $75,000? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    39. 39. Which court can issue a writ of certiorari to state courts? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    40. 40. Which court can overturn decisions made by the State (Illinois) Supreme Court? <ul><li>Federal District Court </li></ul><ul><li>Federal Court of Appeals </li></ul><ul><li>U.S. Supreme Court </li></ul>Slide Chapter 3
    41. 41. How did you do? Slide Chapter 3
    42. 42. 3-3 State Court Systems <ul><li>GOALS </li></ul><ul><li>Compare the structure of a typical state court system with the structure of the federal courts </li></ul><ul><li>Explain the jurisdictions of the specialized courts in a typical state system </li></ul>Slide Chapter 3
    43. 43. A TYPICAL STATE COURT SYSTEM <ul><li>State trial courts </li></ul><ul><li>State courts of appeals </li></ul><ul><li>State supreme courts </li></ul>Slide Chapter 3
    44. 44. Slide Chapter 3 A Typical State Court System Panel of 3 or more justices review the case Original jurisdiction over most state impeachment cases. Appellate jurisdiction.
    45. 45. Slide Chapter 3 <ul><li>A state supreme court can make its own determinations of the facts in a appellate case. </li></ul><ul><li>True </li></ul><ul><li>False </li></ul>
    46. 46. Slide Chapter 3 A Typical State Court System Panel of Judges-no more than 3 <ul><li>No new evidence </li></ul><ul><li>No witnesses </li></ul><ul><li>Briefs from attorneys </li></ul><ul><li>Oral arguments </li></ul><ul><li>Was correct law applied? </li></ul>
    47. 47. Slide Chapter 3 A Typical State Court System General jurisdiction Trial courts with specialized jurisdiction
    48. 48. STATE COURTS WITH SPECIALIZED JURISDICTIONS <ul><li>Associate circuit courts </li></ul><ul><li>City or municipal courts </li></ul><ul><li>Small claims courts </li></ul><ul><li>Juvenile courts </li></ul><ul><li>Probate courts </li></ul>Slide Chapter 3
    49. 49. Slide Chapter 3 A Typical State Court System McHenry County Courthouse Associate Circuit Courts
    50. 50. Slide Chapter 3 A Typical State Court System McHenry County Courthouse Divorce, custody
    51. 51. Slide Chapter 3 A Typical State Court System McHenry County Courthouse Over 13 under 19. 28 states set a minimum age which ranges from 10-15. Offenders can be rehabilitated rather than punished.
    52. 52. What’s your verdict? <ul><li>Chase, age 15, violated his states anti-hacking law. He was caught and referred to a juvenile court. </li></ul><ul><li>Will he be treated differently under the juvenile court’s jurisdiction than under a regular trial court’s jurisdiction? </li></ul><ul><li>Yes </li></ul><ul><li>No </li></ul>Slide Chapter 3
    53. 53. Slide Chapter 3 A Typical State Court System Cities-Crystal Lake, McHenry, Woodstock Civil actions (People to People) are in Woodstock
    54. 54. Slide Chapter 3 A Typical State Court System Death. Disperse property.
    55. 55. Slide Chapter 3 A Typical State Court System Charged with a crime, usually a felony.
    56. 56. Slide Chapter 3 A Typical State Court System McHenry County Courthouse – You’re getting married
    57. 57. Slide Chapter 3 A Typical State Court System Civil claims under $2500 for most states. Under $10,000 for McHenry County. No jury or formal rules of evidence. Can be appealed to a state trial court. An attorney is not necessary. You can represent yourself.
    58. 58. Slide Chapter 3 <ul><li>Attorneys generally are not required in a small claims court. </li></ul><ul><li>True </li></ul><ul><li>False </li></ul>
    59. 59. Sample Case <ul><li>The jury in Martin’s case convicted him of grand larceny partially based on evidence found in the trunk of the car he was driving. The state appellate courts upheld his conviction. The US Supreme Court took jurisdiction over the case by issuing a writ of certiorari to the state supreme court. The US supreme court on appeal then held that the search of his trunk that discovered the items was improper. The USSC overturned his conviction, as the jury could have been improperly influenced by such evidence. </li></ul>Slide Chapter 3
    60. 60. What’s Your Verdict? <ul><li>Sheila had a beautiful apartment with a view of the harbor. After she had lived there several years, her landlord gave her and the other tenants of the apartment building 30 days notice to vacate. Sheila sued to prevent the mass evictions. After losing in the state trial court, she vowed to appeal the issue directly to the U.S. Supreme Court. </li></ul><ul><li>Can she do so? </li></ul><ul><li>A. Yes </li></ul><ul><li>B. No </li></ul>Slide Chapter 3
    61. 61. Illinois State Courts <ul><li>http://www.state.il.us/court/ </li></ul>Slide Chapter 3
    62. 62. How did you do? Slide Chapter 3
    63. 63. The Right to a Jury Trial <ul><li>Jury – 14 th , 16 th and 17 th amendments </li></ul><ul><ul><li>Why would someone want this? </li></ul></ul><ul><li>Bench Trial </li></ul><ul><ul><li>Held before judge, no jury </li></ul></ul><ul><ul><li>Why would someone want this? </li></ul></ul>
    64. 64. Jury Selection <ul><li>Voir Dire – Interview potential jurors for possible biases </li></ul><ul><li>Challenge for Cause </li></ul><ul><ul><li>Predisposition </li></ul></ul><ul><li>Peremptory Challenge </li></ul><ul><ul><li>Just because (can’t be racially motivated) </li></ul></ul><ul><li>Video – Jury Duty Selection </li></ul><ul><li>http://www.videojug.com/interview/jury-selection-2 </li></ul>
    65. 65. Exemptions from Jury Duty <ul><li>What are some good reasons? </li></ul><ul><ul><li>Convicted Felon </li></ul></ul><ul><ul><li>Not a U.S. Citizen </li></ul></ul><ul><ul><li>Under 18 </li></ul></ul><ul><li>You get Paid…. But not much </li></ul>
    66. 66. Venue <ul><li>Proper place to bring suit </li></ul><ul><li>Change of venue </li></ul><ul><ul><li>Why? </li></ul></ul><ul><ul><ul><li>Rodney King Video </li></ul></ul></ul><ul><ul><li>Change of venue granted to a city 40 miles away. </li></ul></ul><ul><ul><ul><li>Not guilty for policeman </li></ul></ul></ul><ul><ul><ul><li>Riots in LA </li></ul></ul></ul><ul><ul><ul><ul><li>Juror speaks Video </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Rodney King Speaks Video </li></ul></ul></ul></ul>
    67. 67. Trial Activity <ul><li>Criminal Case </li></ul><ul><li>State (Plaintiff) vs. Mike (Defendant), an 18 year old high school student who is accused of buying a stolen “hot” cd player. </li></ul><ul><li>The lawyers need to voir dire the potential jurors. </li></ul><ul><ul><li>3 peremptory challenges, and of course unlimited challenges for cause </li></ul></ul><ul><ul><li>2 questions for each potential juror </li></ul></ul><ul><li>Count the biases for each side to determine which side has a favorable jury . </li></ul>Slide Chapter 3
    68. 68. Following a Case through the Court System <ul><li>Court Procedure </li></ul><ul><li>The Pleadings </li></ul><ul><li>Choices available after receipt of the summons and complaint </li></ul><ul><li>Dismissals and Judgment before trial </li></ul><ul><li>Proceedings before the trial </li></ul><ul><ul><li>Discovery </li></ul></ul><ul><ul><li>Depositions </li></ul></ul><ul><ul><li>Interrogatories </li></ul></ul><ul><li>Compliance with Discovery Requests </li></ul><ul><li>The Pretrial Conference </li></ul><ul><li>At the Trial </li></ul><ul><li>How the case is ended </li></ul>
    69. 69. PREVENT LEGAL DIFFICULTIES <ul><li>Be prepared . . . </li></ul><ul><li>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. </li></ul><ul><li>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. </li></ul>Slide Chapter 3 Continued on the next slide
    70. 70. PREVENT LEGAL DIFFICULTIES <ul><li>Know the facts about your state’s juvenile court system especially with respect to ages, rights, and sentencing options. </li></ul><ul><li>Have your parents see an attorney to make out a will and utilize other methods to avoid the expenses of probate. </li></ul>Slide Chapter 3

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