The Court System and Dispute Resolution

A court is a tribunal established by the government to…

Hear evidence and decide cases, Provide remedies when a crime has been committed, Prevent possible future wrongs by issuing the equitable remedy of an injunction

Courts hear and decide evidence according to their jurisdiction type:

Subject matter jurisdiction, Original jurisdiction, General jurisdiction, Limited or special jurisdiction, Appellate jurisdiction

Subject matter jurisdiction

covers types of proceedings a court may hear

Original jurisdiction

conducts ‘first findings’ in a case

General jurisdiction

broad authority to hear and try a case

Limited or special jurisdiction

deal with cases of a specific subject matter

Appellate jurisdiction

review the findings of lower courts: this court can affirm, reverse, or remand for further proceedings

The Federal Court System

Federal District Courts, U.S. Court of Appeals, U.S. Supreme Court, State Court Systems

Federal District Courts

General trial courts of original jurisdiction for civil and criminal matters

U.S. Courts of Appeals

Appellate courts consist of 13 districts, most decisions are reviewed by panels of 3 judges, some decisions are reviewed en banc, by the full panel

Supreme Court

The ____________ is the only court created by the U.S. Constitution

The Supreme Court

Acts as the final authority on federal and state cases, is the court of original jurisdiction for ambassadors, public ministers, consuls, and lawsuits involving two states

Writ of certiorari

granting review of a lower appellate court’s decision

General Trial Courts (State)

courts of original jurisdiction for civil and criminal courts; may be called superior, circuit, district, or county courts

State Court Systems

General Trial Courts, Specialty Courts, City, Municipal, and Justice Courts, Small Claims Courts, State Appellate Courts, State Supreme Courts

Specialty Courts (State)

Sessions within state court systems that focus on treating underlying issues like addiction or mental health rather than solely punishing behavior. They serve as alternatives to incarceration, using intensive court supervision to improve rehabilitation, reduce recidivism, and provide tailored services.

City, Municipal, and Justice Courts (State)

Local, limited-jurisdiction courts handling minor offenses, including traffic violations, misdemeanors, and small civil claims within specific city limits

Small Claims Courts

Specialized, informal state courts designed to resolve minor civil disputes—typically involving small amounts of money—quickly and affordably without requiring attorneys

State Appellate Courts are the…

…intermediate level appellate courts

State Supreme Courts

The highest state appellate court in most states - their decisions are final, unless the U.S. Supreme Court accepts review because a federal law or the U.S. Constitution is involved

Plaintiff

initiates the court proceeding

Defendant

party against whom the proceeding is brought

Judge

the primary officer of the court, manages the case

Jury

citizens sworn to reach a verdict

Attorney-Client Privilege

confidentiality between counsel and the client

Procedural and evidence issues fall under the jurisdiction of…

The state where the complaint is filed

For litigation, courts apply the laws of….

The state where the contract was formed

For performance, courts apply the laws of…

The state where the contract is to be performed

Initial Steps in a Lawsuit

1. Commencement of a Lawsuit, 2. Service of Process, 3. Defendant’s Response and Pleadings, 4. Discovery, 5. Motion for Summary Judgement, 6. Designation of Expert Witnesses

1. Commencement of a Lawsuit

Filing a complaint (a description of the wrongful conduct and request for damages)

2. Service of Process

the formal, legal delivery of documents—typically a summons and complaint—initiating a lawsuit against a defendant

3. The Defendant’s Response and Pleadings

The defendant is required to answer- they may deny the allegations, file a motion to dismiss (a demurrer), or file a counterclaim

4. Discovery

Each side discloses potential witnesses and information relevant to the case (deposition, interrogatories, requests for production of documents)

Deposition (Discovery)

the out of court testimony of a witness, taken under oath

Interrogatories (Discovery)

Written, formal questions sent by one party to another during the pre-trial discovery phase of a lawsuit. They require written, signed answers under oath and are used to gather facts, identify witnesses, and clarify legal claims, often limited to a specific number (e.g., 25 in federal court)

5. Motion for Summary Judgment

when no material facts are in dispute, the judge may decide the case solely on the law

6. Designation of expert witnesses

Selecting persons allowed to testify to facts and opinion based on their special expertise

The Trial

Selecting a Jury, Opening Statements, Presentation of Evidence, Motion for a Directed Verdict, Closing Arguments or Summation, Motion for Mistrial, Jury Instructions and Verdict, Motion for a New Trial

Selecting a Jury (voir dire)

attorneys question potential jurors and may challenge their selection

Opening Statements

The initial address made by attorneys or self-represented parties at the beginning of a trial, before any evidence is introduced

Presentation of Evidence

Judge determines admissibility, Attorney conducts direct examination of its own witnesses, cross-examination of opposing witnesses

Motion for a Directed Verdict

procedural request made by a party during a jury trial asking the judge to rule in their favor because the opposing party has failed to present sufficient evidence to support their claim or defense

Summation

Closing Arguments

Motion for a Mistrial

A formal request by a party (prosecution or defense) to terminate an ongoing trial before a verdict due to significant errors, misconduct, or a deadlocked jury, rendering a fair trial impossible

Jury Instructions and Verdict

a judge's legal directions to the jury regarding the laws and standards to apply to a case, while a verdict is the final, formal decision rendered by the jury based on those instructions and evidence

A Motion for Judgment Notwithstanding the Verdict (JNOV)/Renewed Judgment as a Matter of Law (RJMOL)

argues the jury’s verdict is legally erroneous because no reasonable evidence supports it, allowing the judge to overturn the verdic

A Motion for a New Trial

argues the verdict is against the clear weight of evidence or legally flawed, allowing a new trial.

Motion for New Trial or a Motion for Judgment are filed if…

The verdict is clearly wrong as a matter of law

Recovery of Costs/Attorney Fees

each party pays their own legal expenses, unless a contract or statute dictates otherwise

generally the __________ party is awarded costs

prevailing

Execution of Judgment

seizure and sale of the losing party’s assets by sheriff

The American Rule

the standard US legal policy where each party pays their own attorney fees, regardless of who wins the case

Garnishment

a legal procedure where a court order or government agency compels a third party—usually an employer or bank (the garnishee)—to withhold a debtor’s wages or assets to pay a creditor

Post-Trial Procedures

Recovery of Costs/Attorney’s Fees, Execution of Judgement, sometimes Garnishment

Alternative Dispute Resolution Methods

Arbitration, Mediation, MedArb, Expert Panel, Reference to a Third Person, Association Tribunals, Summary Jury Trial, Rent-a-Judge, Mini Trial, Contract Provisions

Arbitration

Neutral parties hear evidence and determine a binding resolution

Uniform Arbitration Act

parties to a contract may agree in advance that disputes will be resolved via arbitration

Federal Arbitration Act

arbitration clauses pertaining to interstate commerce are valid, irrevocable, and enforceable

Finality of Arbitration

Most arbitration clauses provide that the decision will be final

If arbitration is mandatory by statute, the losing party is generally allowed to…

…appeal the decision to a court

Mandatory Arbitration is required…

…by some states

Mediation

A neutral party acts as a go-between between the parties —They may suggest a resolution but do not have the power to make binding decisions

MedArb

Newer form of ADR (alternative dispute resolution), where the arbitrator acts as mediator on unresolved issues

Expert Panel

Submission of a case to a panel of experts in the field

Reference to a Third Person

A third person or committee makes an out-of-court determination of the rights of peoples

Association Tribunals

Courts created by trade associations or groups to arbitrate issues between members

Summary Jury Trial

Mock trial where lawyers present evidence to a jury of six people

Rent-a-Judge

The parties hire a judge to hear the case; the decision is binding

Minitrial

A trial heard on portions or certain issues of a case

Contract Provisions

The parties’ contract may allow for Alternative Dispute Resolution to resolve future disputes, Other provisions may include waiting periods before a lawsuit can be filed and obligations to continue performing while the dispute is resolved

Once a lawsuit is commenced, the case must go to the jury

False

If there is a reference to a third party to determine a dispute, most often the loser is not allowed to appeal the third party's decision

True

Who is entitled to file a motion to dismiss?

Defendant Only

A court is a tribunal established by:

The Government

State supreme courts primarily have what type of jurisdiction?

general

The United States Supreme Court can never function as a court of original jurisdiction.

False