The Court System

1. The Court System Mr. Valanzano Business Law

2. Dispute Resolution • Litigate – ________________________________________________ • In some cases, people decided too quickly to take a dispute to court. The issue could have been settled _______________________________. • Mediator – ___________________________________________________ _____________________________________________________________ • A mediator’s actions are ________________ and are not legally binding. • Arbitrator – __________________________________________________ _____________________________________________________________ • An arbitrator’s decision is ___________________ and could be enforced by a court order if necessary. • Using a third party is ___________ and ___________ than going to trial.

3. Courts • Court – ________________________________________________ ______________________________________________________ • Courts decide _________________ and _____________________. • A court may award _________ in civil cases, __________________ in criminal cases, or grant other appropriate relief. • Courts follow __________________ and thorough procedures to make decisions. • In a trial, witnesses are compelled to give testimony and the accused party (_______________) is allowed equal opportunity to argue their side of the case. • The accusing party is called the ________________.

4. Trial Courts • Trial Courts – __________________________________ • _______________________ – power to hear the case in full for the first time and make the first ruling • People involved in a trial: • __________________ • __________________ • ___________ – enter cases on the court calendar, keep records of proceedings, and compute court costs • Sheriffs or Marshals – serve as ___________ who summon witnesses, keep order in court, and take steps to carry out judgments • Juries – ______________________________________________ _____________________________________________________

5. Appellate Courts • Appellate Courts – ____________________________________________ ____________________________________________________________ • Appellate courts ___________________________ and generally ______ ________________________________________________. • Concerned with _____________________ rather than questions of fact. • Appellate courts review a transcript (___________________) of the trial and appellate briefs (arguments on the issues of law). • After listening to the attorneys’ arguments and question attorneys about a case, the appellate court will decide if the decision should be: • Affirmed (________________) • Reversed (________________) • Amended (________________) • __________________ (sent back to trial court for corrective action or possibly a new trial)

6. Federal Court System • 3 levels of federal courts – ________________________, ____________________, and the ___________________ • General Jurisdiction – ___________________________ ______________________________________________ • Special Jurisdiction – ____________________________ ______________________________________________

7. Federal District Courts • Lowest level of federal court with _____________________. • _____________________ of the federal court system. • Power to determine facts and make initial determinations of the law to use in deciding a case. • Federal district courts have original jurisdiction over: • Federal questions or cases that arise under the ________________, ___________, and __________________ • Lawsuits between ___________________________________ • Lawsuits between ___________________________________ • Lawsuits between a U.S. citizen and a citizen of a foreign nation (__________________________________)

8. Federal Courts of Appeals • Have _________________________ over federal district courts, certain specialized federal courts, and many federal administrative agencies. • No appellate court, not even the Supreme Court, can change the ____________________________________. • There are ______ federal courts of appeal: • 12 are responsible for an assigned area of the U.S. • 1 is dedicated to the “federal circuit” which handles patent cases and appeals from federal courts with special jurisdiction

9. The U.S. Supreme Court • Has both ____________ and _______________ jurisdiction. • ____________________ over “cases involving ambassadors, other public consuls, and cases in which a state will be one party.” (Constitution) • ______________________ over cases on appeal from federal courts of appeals and highest state courts. • Writ of Certiorari – _________________________________ __________________________________________________ • _______________________________________

10. State Court System • Courts of general jurisdiction – _______________________ __________________________________________________ • State court systems are very similar to the federal court system. • In state appellate courts, cases are reviewed by a _________ ________________________________________. • State supreme courts often operate in the same manner as state appellate courts. • If there is a Constitutional or other federal issue involved, a further appeal can go to the __________________________.

11. Specialized State Courts • Associate Circuit Courts – ______________________________________ _____________________________________________________________ • _________________________ – city courts that are usually divided into traffic and criminal divisions dealing with less serious violations of state laws within city limits • Small Claims Courts – _________________________________________ _____________________________________________________________ • ______________________________ – special courts set up to hear cases involving those between the age of 13 and 18; most juvenile cases do not become public knowledge and focus on rehabilitation, not punishment • Probate Courts – ______________________________________________ • Although most cases in these specialized courts are not on record, the decisions can be appealed and sent to a circuit court for a trial on the record.

12. Steps in a Trial • 1) _____________________________ • 2) _____________________________ • 3) ________________________________________________ • 4) _____________________________ • 5) _____________________________ • 6) _____________________________ • 7) ___________________________

13. Jury Selection • __________ are selected for a courtroom from the pool of available jurors. • The ________ and ___________ question the potential jurors to determine if any juror has a _______________ in the case, or a ___________ or ___________ that may influence them as a juror. • The attorneys may challenge some jurors and ask the court to excuse them from the trial. • _______ is the most common amount of jurors hearing a case.

14. Opening Statements • Each side (____________ and __________) may outline the ___________ to be presented to the jury during the trial. • Opening statements ____________________________, only expectations of what each side expects the evidence to prove.

15. Presentation of Evidence & Testimony of Witnesses • The ________________ case is presented first. As each witness testifies, the side that called the witness asks questions in ________________________. • Then the side that did not call the witness has an opportunity to ask questions in ______________________________. • _________________________, such as documents, weapons or photographs are admitted into ____________________ and numbered for identification. • During the trial, if one attorney ___________ to a question, they present their objection to the judge. These are questions of ______________________ and may be argued out of the hearing. • The judge will advise the jury of ____________________________________________________ ________________________________________________________________________________. • A ruling by the judge to ________________________________ an objection does not mean that the judge is taking sides. ____________ is being applied which permits or does not permit the question to be asked or the answer to the question. • When each side has presented all their evidence, they “_________" their case.

16. Closing Arguments • The attorneys ______________________ and try to __________ the jury to find in favor of their client. • The plaintiff has the ______________________ and therefore has the opportunity to open and close the arguments. • Burden of Proof – ___________________________ ___________________________________________

17. Presentation of Jury Instructions • Also called “_____________________.” • The judge reads the ____________________ to the jury, defines the _________ the jurors must decide and informs them of the _____ ________________________________. • Jurors may not decide cases based on the laws as they would like them to be but must _____________________________________.

18. Deliberation & Verdict • The jury retires to the _____________________________________________________. • The jury first elects a ________________ who will see that discussions are conducted in a sensible and orderly fashion, that all issues are fully and fairly discussed, and that every juror is given a fair chance to participate. • If the jurors have a question during their deliberation, they may write it down and have the bailiff deliver it to the judge. • When a verdict has been reached, the jurors agreeing to the verdict sign the form and notify the bailiff. The verdict is read by the clerk and the judge dismisses the jurors. • Hung Jury - ______________________________________________________________ ________________________________________________________________________ • The result of a hung jury is often a _______________. In ____________ cases, the jury must come to a ________________ decision. In ______________ cases, the jury must come to a _________________ decision. • The government may retry any defendant on any count (____________) in which the ___________________________________.