Court Systems
1. Before deciding to litigate (take a dispute to court) many people try alternative dispute resolution or ADR:
a. Negotiation:the parties discuss the dispute with each other.
b. Mediation:a third party listens to the case and tries to develop a non-binding solutionacceptable to both parties.
c. Arbitration:a third party listens to he case and develops a binding solution to the dispute.
2.Jurisdiction (power and authority to hear a case):
a. Original jurisdiction:a trial court is the first to hear a dispute. Usually, a transcript (or written record) is created at the trial court.
b. Appellate jurisdiction: an appellate court rules on the appropriateness of trial procedure andapplication of law after a trial court has ruled on guilt or
innocence.
c. General jurisdiction:any case can be heard.
d. Special jurisdiction:only one type of case can be heard.
3. The United States has a dual court system, one at the federal level and one at the state level.The U.S. Constitution and the Constitutions of the individual
states spell out these systems.
4. The Federal System
a. Federal courts have jurisdiction over
i. Actions in which the U.S. or a state is a party
ii. Cases that raise a federal question
iii. Diversity of Citizenship cases (actions between citizens of different states, between a U.S. citizen and a citizen of a foreign nation where the
amount of money in each case involved exceeds $75,000)
b. The U.S. Supreme court hears cases involving ambassadors, state government as a party and federal/constitutional matters.
c. The Federal Court System is organized as follows:
a. Negotiation:the parties discuss the dispute with each other.
b. Mediation:a third party listens to the case and tries to develop a non-binding solutionacceptable to both parties.
c. Arbitration:a third party listens to he case and develops a binding solution to the dispute.
2.Jurisdiction (power and authority to hear a case):
a. Original jurisdiction:a trial court is the first to hear a dispute. Usually, a transcript (or written record) is created at the trial court.
b. Appellate jurisdiction: an appellate court rules on the appropriateness of trial procedure andapplication of law after a trial court has ruled on guilt or
innocence.
c. General jurisdiction:any case can be heard.
d. Special jurisdiction:only one type of case can be heard.
3. The United States has a dual court system, one at the federal level and one at the state level.The U.S. Constitution and the Constitutions of the individual
states spell out these systems.
4. The Federal System
a. Federal courts have jurisdiction over
i. Actions in which the U.S. or a state is a party
ii. Cases that raise a federal question
iii. Diversity of Citizenship cases (actions between citizens of different states, between a U.S. citizen and a citizen of a foreign nation where the
amount of money in each case involved exceeds $75,000)
b. The U.S. Supreme court hears cases involving ambassadors, state government as a party and federal/constitutional matters.
c. The Federal Court System is organized as follows:
5. The NY State Court System
a .State courts have jurisdiction over all matters involving those not specifically delegated to the federal government by the U.S. Constitution.These include
marriage/divorce, child custody, wills, etc.
b. The NYS court system is organized as follows:
5. The NY State Court System
a .State courts have jurisdiction over all matters involving those not specifically delegated to the federal government by the U.S. Constitution.These include
marriage/divorce, child custody, wills, etc.
b. The NYS court system is organized as follows:
6. Other Courts
a. Small claims court – involves disputes < $2500
b.Probate court – administers wills and estates (for when people pass away)
7. Court System Terms to Know:
a. Criminal Trial
b. Civil Trial
c. Affidavit
d. Judgment
e. Bail
f. Verdict
g. Petit Jury
h. Remand
i. Plea
j. Amend
k. Voire Dire
l. Reverse
m. Arbitrate
n. Affirm
o. Negotiate
p. Mediate
q. Grand Jury
r. Subpoena
s. Arraignment
t. Answer
u. Arrest
v. Complaint
w. Indictment
8. Be ready to discuss key concepts from the film, “12 Angry Men.”
9. Steps in a Civil Trial:
Complaint, Answer, Discovery, Pretrial Hearing, (Motion to dismiss?), Trial, Verdict (Guilty/Not Guilty), Sentence, Fine/Specific Performance/Injunction
10. Steps in a Criminal Trial:
Arrest, Discovery, Grand Jury Review of Evidence, (Insufficient Evidence, charges dropped), Indictment, Arraignment & Plea, (Guilty plea- sentence), Not Guilty plea- trial, Verdict, Sentence, Fine or Jail
11. Discussion Circle: Jury System
a. What are some arguments FOR and against the system?
b. Is it fair?
c. Does it always work?
d. What concerns do some people have with the jury sytem?
