Chapter 4 Condensed
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  • Those types of activities would be prohibited under federal anti-discrimination statutes Could sue for damages and an injunction against similar treatment If employer retaliates against Anthony, the courts could correct such actions. No legal duty, but maybe a moral duty to help those in the future.
  • - By using arbitration both parties can avoid court costs and delays. 7-Eleven can require buyers to use arbitration.
  • - To settle the dispute
  • Court that deals with federal disputes as opposed to state or local disputes
  • Lawsuit of more than $75,000 between citizens of different states.
  • Original jurisdiction over cases affecting ambassadors, other public ministers and consuls and cases dealing with a state
  • Federal issues vs. state issues

Transcript

  • 1. 4-1 The Court System
  • 2. Hot Debate
    • Turn to page 52
    • What would likely happen to Anthony if he turns to the courts for help in ending the discrimination?
    • Does Anthony have a duty to anyone, legally or morally, to bring such a lawsuit?
  • 3. First Things
    • Settle disputes four different ways:
      • Negotiation – discuss the problem calmly
      • Mediation – invite an independent third party to develop acceptable solutions. Mediators do not bind parties
      • Arbitration – Arbitrator holds an informal hearing. The decision is binding by both parties
      • Litigation – take dispute to court
  • 4. What’s Your Verdict?
    • Can 7-Eleven compel its franchises to use arbitration instead of litigation?
  • 5. What’s Your Verdict?
    • Why did Doyle have to go to court?
  • 6. Different Levels of Courts
    • Court – governmental forum that administers justice under the law
      • Decide civil disputes and criminal cases
    • Two levels of court:
      • Trial court
      • Appellate court
  • 7. Trial Court
    • Trial court – first court to hear a dispute
    • Original jurisdiction over a case
    • Consist of:
      • Judge
      • Lawyers –officers of the court
      • Clerks – enter cases on calendar, keep records of proceedings, compute court costs
      • Sheriffs – summon witnesses, keep order, and carry out judgments in state court systems
      • Marshals – carry out judgments in the federal court
      • Jury members – decide issues of fact
  • 8. Appellate Court
    • Reviews decisions of lower courts when a party claims an error was made during the previous proceedings
    • Do not hear witnesses
    • Generally do not accept new evidence
    • Concerned with errors of law rather than questions of fact
  • 9. Appellate Court
    • Examine transcript
    • Read briefs
    • Listen to attorneys’ oral argument
    • Question attorneys
    • Decide whether the lower court decision should be:
      • Affirmed – upheld
      • Reversed – overturned
      • Amended – changed
      • Remanded – sent back to trial court (possibly a new trial)
  • 10. Review
    • What is the difference between a trial court and appellate court?
  • 11. 4-2 Federal Court System
  • 12. Origins of Federal Court System
    • Constitution states the U.S. should have one Supreme Court
    • Federal Judiciary Act – established the U.S. Supreme Court and court of appeals
    • Articles of Confederation did not allow for a Supreme Court
  • 13. Jurisdiction of Federal Courts
    • What is a federal court?
  • 14. Jurisdiction of the Federal Courts
    • General Jurisdiction – can hear almost any kind of case
    • Three levels of federal courts with general jurisdiction:
      • Federal district courts
      • Federal courts of appeals
      • U.S. Supreme Court
    • Special Jurisdiction – hears only one specific type of case
  • 15. Federal District Courts
    • Lowest level of federal court
    • Trial court of the federal system
    • Have original jurisdiction over:
      • Federal questions
      • Lawsuits between citizens of different states and between a U.S. citizen and a foreign nation
      • Lawsuits of more than $75, 000
  • 16. What’s Your Verdict?
    • What arguments could you make for holding this dispute in a federal court?
  • 17. Question
    • What is the highest federal appellate court?
  • 18. Federal Court of Appeals
    • Have appellate jurisdiction over district courts
    • Do not accept new evidence or call witnesses
    • Review trial transcripts and arguments of attorneys
    • No appellate court, not even the U.S. Supreme Court, can change factual determinations of a jury
  • 19. Federal Court of Appeals
    • 13 federal courts of appeal
      • 12 are assigned to a specific region
      • 13 th dedicated to “federal circuit” and deals with patent cases
        • Also handles appeals from bodies like the International Trade Commission
  • 20. Other Countries
    • Page 56
    • Sweden’s judicial system
    • Use GOOGLE to search for the court system of other countries.
      • From the information, prepare a 1-2 page report about the court system.
      • We will discuss our findings in class
  • 21. Review
    • How many federal courts of appeal are there?
    • What is special about the 13 th ?
  • 22. Review
    • What are three types of disputes that can only be heard at the federal level?
    • What are the three levels of federal courts?
  • 23. U.S. Supreme Court
    • Both original and appellate jurisdiction
    • Most important function is appellate jurisdiction
      • Over cases on appeal from the U.S. Court of Appeals
      • If the Supreme Court decides to take a case, it will issue a writ of certiorari to the last court that heard the case
      • “Writ” forces the state court to turn over the record of the case
  • 24. U.S. Supreme Court
    • Jurisdiction over state supreme courts is only when a federal question is involved
    • Decisions that interpret and apply the Constitution are final
    • Can only be overturned by the Supreme Court itself or a constitutional amendment
  • 25. 4-3 State Court Systems
  • 26. State Court Systems
    • What is the difference between a federal court and a state court?
  • 27. What’s Your Verdict?
    • Page 58
    • Can she take it to the U.S. Supreme Court?
    • Can she take it to the state supreme court?
    • Why is our legal system organized in tiers?
  • 28. State Court Systems
    • State system very similar to federal system
    • Courts of general jurisdiction have three tiers:
      • Bottom tier – trial court (geographically based)
      • Middle tier – appellate courts
      • Top tier – state supreme court
  • 29. A TYPICAL STATE COURT SYSTEM Supreme Court Family Court Probate Court Criminal Court Juvenile Court Municipal Court Justice’s Court (The Court of a Justice of the Peace ) Small Claims Court Trial Court (Of Original General Jurisdiction) Intermediate Appeals Court (In Populous States)
  • 30. State Trial Courts
    • Known as circuit courts, superior courts, district courts, and courts of common pleas depending on the state
    • Court of record – keeps an exact account of what goes on at trial
    • Record includes:
      • Transcript
      • Evidence
      • Statements
      • Judgment
    • Very important for appeals
  • 31. State Courts of Appeals
    • Appeal is reviewed by a panel of no more than three judges
    • No new evidence
    • Only check to see the correct law was used
    • If incorrect law, appellate court may send the case back down for a new trial
    • If correct law, the judgment will stand
  • 32. State Supreme Courts
    • In all legal issues, we are entitled to one trial and one appeal
    • Only cases dealing with complex legal issues are taken to the state supreme court
    • Panel of three or more justices review the case
    • Issues the final decision, unless federal issues are involved
    • In some states, state supreme courts have both appellate and original jurisdiction
    • Original jurisdiction over most state impeachment cases
  • 33. Activity
    • In pairs, research a major state or federal trial that has been held within the past few years
    • Complete a who, what, when, where, result analysis
    • Find how much the trial cost taxpayers and the defendant
  • 34. What’s Your Verdict?
    • Page 59
    • Will Reid be treated differently in juvenile court than in an adult criminal court?
    • Should all juveniles be tried as juveniles?
    • Should juvenile offenders of serious crimes be sent to adult prisons?
  • 35. Associate Circuit Courts
    • Associate circuit courts/county courts – courts below main courts
    • Examples:
      • Minor criminal cases
      • State traffic offenses
      • Lawsuits of small amounts
    • No courts of record
    • Can be appealed to circuit courts to be on record
  • 36. City or Municipal Courts
    • Administer ordinances
    • Divided into traffic an criminal divisions
    • Can be appealed to circuit courts
    • Not considered criminal laws, but punishment can be just as severe
  • 37. Small Claims Court
    • For minor individual suits
    • Usually disputes of $2,500 or less
    • Attorneys generally not allowed
    • No jury or formal rules for evidence
    • Decisions can be appealed to circuit court
  • 38. Juvenile Courts
    • Juveniles – 13-17 years of age
    • Should not be held as responsible as adults for crimes
    • Full Constitutional rights
    • Emphasis on rehabilitation, not punishment
    • Juvenile cases not public knowledge
    • No records open to public
  • 39. Probate Courts
    • Probate Courts – courts that administer wills and estates
    • When people die, their belongings divided according to their wishes
    • Process is complex
  • 40. Probate Court
    • Why are courts needed to administer wills?
    • Why can’t the family settle the will among themselves?
    • Do you think the courts are just trying to get the family’s money?
  • 41. Activity
    • Turn to page 64, #25
    • Complete Who, what, when, where, result analysis
  • 42. Additional Activity
    • Page 65
    • Read the case
    • Answer the questions with a partner
  • 43. Review
    • What are probate courts?
    • What ages are children considered juveniles?
    • Name one characteristic unique to juvenile court.
  • 44. Current Event
    • Teens ordered to stay home
    • Jury called back – one year later