Business Law: Chapter 3 Court Systems

litigate

To place a dispute before a court of law for resolution.

mediation

A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute. Not legally binding.

arbitration

(law) the hearing and determination of a dispute by an impartial referee agreed to by both parties. The decision is legally binding.

court

A governmental forum that administers justice under the law.

trial court

The first court to hear a dispute

verdict

A decision in a court case

original jurisdiction

The original power to decide a case

appellate court

A court that reviews decisions of lower courts when a party claims an error was made during the previous proceeding

transcript

A verbatim record of what occurred during a trial.

appellate briefs

Written arguments on the issues of law

general jurisdiction

The authority to hear almost any kind of case

specialized jurisdiction

The authority to hear only one specific type of case

writ of certiorari

An order from the Supreme Court to the state court to turn over the record of a case to the Supreme Court for review.

court of record

A trial court that keeps an exact account of what goes on at the trial

Justice

The title given to judges who sit on state supreme courts and the federal Supreme

Court.

associate circuit courts (or county courts)

State courts at a level below the main courts of general original jurisdiction.

municipal courts

City courts that administer the city's ordinances.

small claims courts

Courts that handle disputes in which small amounts, generally $2,500 or less, are involved.

juvenile courts

Courts established specifically to hear cases involving persons under the age of 18 who have not been charged as adults.

probate courts

Courts that administer wills and estates.

How Can Disputes Be Resolved Without Going to Court?

1. Litigation 2. Mediation 3. Arbitration

Why should parties to a dispute try to negotiate a settlement without resorting to litigation?

Often a dispute can be settled through a mutually acceptable solution thus avoiding the costs, delays, and difficulties of a court trial.

Name the different levels of courts and describe their powers.

A trial court hears witnesses testify and examines other information presented to prove the alleged facts and render a legal decision. An appellate court is concerned with the application of law in the decision of a lower court and may affirm, reverse, amend, or remand the decision of a lower court.

Federal District Courts

Trial courts on the federal level

Federal Courts of Appeal

Appellate courts on the federal level

United States Supreme Court

Highest court, hears both original and appeals, handles issues regarding the US Constitution

Why does Congress have the power to establish new federal courts?

Section 1 of Article III of the U.S. Constitution gives Congress the authority to establish inferior courts from time to time as needed.

What is the source of power of the federal courts?

Article III of the Constitution confers the power to judge certain criminal and civil matters in federal courts and Section 1 specifies a Supreme Court and the power of Congress to establish inferior federal courts.

State Courts with Specialized Jurisdiction

A. Associate Circuit Courts

B. City or Municipal Courts

C. Small Claims Courts

D. Juvenile Courts

E. Probate Courts

Why is it important for a court of record to keep an exact account of the trial?

An exact account is important because it is the record on which an appeal is based

What are two major differences between the treatment of juveniles and adults in trial courts?

Courts usually emphasize rehabilitation rather than punishment for juveniles and courts ensure that most of the criminal cases involving juveniles do not become public knowledge

Identify the typical state courts of specialized jurisdiction

Typical courts of specialized jurisdiction are associate circuit courts, municipal courts, small claims courts, juvenile courts, and probate courts.

judge

A person chosen to interpret laws, decide on a winner, or settle a controversy

lawyer

a professional person authorized to practice law

jury

a group of citizens chosen to hear evidence and make a decision in a court of law

errors of law

a mistake made by a judge in applying the law to a specific case

affirmed

approved or allowed

reversed

overturned

amended

change

remanded

send back to lower court

state trial courts

Trial courts on the state level

state court of appeals

Appellate courts on the state level

state supreme court

state court that reviews decisions of appeals courts