Transcript Law For Business And Personal Use

Law For Business
And Personal Use
Chapter 4 The Court System
Resolving Disputes Privately
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Many people litigate too quickly
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Litigate: to take a dispute to court
Litigation Incurs costs, delays and difficulties
Alternatives to litigation between parties
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Negotiation
Mediation
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Use mediator: independent third party who tries to develop
solution acceptable to both sides of dispute; non-binding
Arbitration
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Use arbitrator: independent third party who makes binding
decision in dispute
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Different Levels Of Courts
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Court
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Governmental forum that administers justice
under law
Decide civil and criminal cases
Trial court
Appellate court
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Trial Court
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Court of original jurisdiction
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Judge, lawyers, juries and clerks are officers of court
Officers of the courts carry out judgments
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Power to hear case in full for first time
In state court systems: sheriffs
In federal court systems: marshals
Hears witnesses testify
Considers presentation of other information
Ends in decision on case
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Appellate Court
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Reviews decisions of lower courts
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Concerned with errors of law not questions of fact
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Transcripts: verbatim records of what went on at previous
trial
Appellate briefs: written arguments of issues of law
Does not hear witnesses or accept new evidence
Determines if lower court decision should be
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Affirmed
Reversed
Amended
Remanded
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Origins Of Federal Court System
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Congress has power to establish federal
courts
Article III, Section 1, of U.S. Constitution
gives Congress authority
Two types of jurisdiction
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General: hears any kind of case
Special : hears only one specific type of case
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Jurisdiction Of Federal Courts
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General jurisdiction
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Federal district courts
Federal Court of Appeals
U.S. Supreme Court
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Federal District Courts
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Lowest level of federal court
Has general jurisdiction over
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Federal questions
Cases that arise under
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Constitution
U.S. law
U.S. treaties
Lawsuits with diversity of citizenship over $75,000 in
dispute
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Federal Courts Of Appeals
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Appellate jurisdiction over
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District courts
Specialized federal courts
Federal administrative agencies
13 Federal Courts of Appeal
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U.S. Supreme Court
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Writ of certiorari
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Original jurisdiction over cases
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Order from Supreme Court to turn over record of case
Supreme Court is reviewing
Affecting ambassadors, consuls, etc.
Involving states
Appellate jurisdiction over cases
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On appeal from U.S. Courts of Appeals
Highest courts of states if federal law involved
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Structure of State Court System
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Supreme court
Appeals court
Trial courts
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Court of record: keeps exact account of what
happens in trial
Specialized courts
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Specialized Limited Jurisdiction
Courts
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Juvenile courts
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Municipal courts
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Administer city’s ordinances
Small claims court
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Individuals 13-18 years old
Under $2,500
Probate: wills and estates
Associate circuit courts
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Minor criminal cases and smaller lawsuits
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Juvenile Procedure
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Court of Special Jurisdiction
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Minors under 17 in Illinois
Developed to look after minor’s interest
Purpose to rehabilitate not punish
Not confined with adults-Detention Facility
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Juvenile Court
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Special Language
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No “Trial” instead “Hearing”
Not “Arrested” instead “Detained”
Not a “Criminal” instead “Juvenile Delinquent”
Juveniles can be tried as adults if:
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Serious crimes
Mature enough to know it was wrong and
understand the consequences
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Juvenile Proceeding
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Not open to the public
Office of Judge
Parents and Witnesses Only
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