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Chapter 4 Condensed


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Unit 1 Lesson 4 PowerPoint Condensed

Unit 1 Lesson 4 PowerPoint 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