Transcript Ch. 3 Court System

Ch. 3 Court System
Dispute Resolution
• How can disputes be resolved without
going to court?
– Litigate – Allow a court to resolve their
dispute.
– Mediator – Independent third party tries to
develop a solution acceptable to both sides.
• Not legally binding to the parties
Dispute Resolution
• How can disputes be resolved without
going to court?
– Arbitrator – Independent third party who holds
an informal hearing to determine what
happened.
• Decision is binding on both parties.
How do courts settle disputes?
• Courts – Decide disputes between private
individuals and try criminal cases
– May award damages
– May order other appropriate relief in resolving
private disputes
– Impose punishment in a criminal case
• Punishment may be fines and/or imprisonment
How do courts settle disputes?
• Courts
– Follow impartial and thorough procedures to
make decisions.
Two levels of Courts
1. Trial Court
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Court in which dispute is first heard
Hears witnesses testify and review other
pertinent evidence firsthand so as to
determine facts of a case
Determines a Verdict (decision) on a case
Two levels of Courts
2. Appellate Court
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Reviews decisions of lower courts when a
party claims an error of law was made
during the lower court’s proceeding
Do not make determinations of fact
Concerned solely with errors of law
Two levels of Courts
2. Appellate Court
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Examine transcripts
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Read appellate briefs
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Verbatim record of what went on at trial
Written arguments on the issue of law, submitted
by the opposing attorney
Listen to attorney’s oral arguments in
support of these briefs
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Appellate judges question attorneys about the
case
Appellate Court decisions
• Affirmed
– Uphold lower courts decisions
• Reverse
– Overturn
• Amend
– Change
• Remand
– Send back to trial courts for corrective action
or possible new trial
Federal Court System
• Three levels of federal courts with general
jurisdiction (can hear almost any kind of
case)
1. Federal District Court
2. Federal Court of Appeals
3. U.S. Supreme Court
• Courts with Specialized Jurisdiction (hears
only one type of case)
Federal District Court
• Lowest level of federal court (trial court of
the federal system)
• Has the power to determine facts and
make initial determinations of the law
Federal District Court
• Has jurisdiction over:
– Federal question or cases that arise under the
constitution, U.S. law and U.S. treaties
– Lawsuit between citizens of different states
– Between U.S. citizens and a foreign nation
– Between a U.S. citizen and a citizen of a
foreign nation
– Dispute for more than $75,000
Federal Court of Appeals
• Has jurisdiction over the district courts,
certain specialized federal courts, and
many federal administrative agencies
• Results of a case in a lower court is
appealed by one of the parties in a case
• Does not accept new evidence or call
witnesses
Federal Court of Appeals
• They review the trial transcripts, appellate
briefs, and oral arguments of the attorneys
• No appellate court can change the factual
determination of the jury
• 13 Federal Courts
United States Supreme Court
• Has both original and appellate jurisdiction
• Appellate jurisdiction is exercised over
cases on appeal from the U.S. District
Court of Appeals or from the highest
courts of the various states.
State Courts
• State courts have three tiers:
1. Trial Court
2. Appellate Court
3. Supreme Court
State Trial Courts
• Another names for Trial Courts are:
– Circuit Court
– Superior Court
– District Court
– Common Pleas Court
Court of Record
• Court of records is the exact account of
what goes on during a trial
– Important if an appeal is filed
– Includes:
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Transcripts
Evidence
Statements
Determinations of the court officials
Judgment of the court
State Court of Appeals
• Consist of no more than three judges
• Similar to federal appellate courts
State Supreme Court
• Consist of a panel of three or more
justices (Judges on the state supreme
court)
Specialized Jurisdiction
• Associate Circuit Court/County Courts
– Courts below their main courts
– Courts hear
• Minor criminal cases
• State traffic offenses
• Lawsuits with relatively small amounts involved
($25,000)
Specialized Jurisdiction
• City or Municipal Courts
– Administer their ordinances
– Usually divided into traffic and criminal
divisions
Specialized Jurisdiction
• Small Claims Court
– Handles disputes in which small amounts,
generally $2,500 or less
– Attorney’s are not required
– Judge hears the case not a jury
Specialized Jurisdiction
• Juvenile Court
– Those over 13 and under 18 years of age
– Minimum age to be tried as an adult in Ohio is
14 years of age
– Emphasis is usually on rehabilitation not
punishment
– Criminal cases do not go public
– Courtroom is closed
Specialized Jurisdiction
• Probate Court
– Court administers wills and estate when
individuals die and their property and other
interest are divided according to the wishes