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Settling Disputes: In and Out of Court (Chapters 4 & 5)

Settling Disputes: In and Out of Court (Chapters 4 & 5). Mr. Garfinkel 1/15/14. From the last lecture (a slide we didn’t get to). Voting Initiative- voters can propose a law by petition in some places Referendum- votes can directly decide a law Recall- voters can remove an elected official.

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Settling Disputes: In and Out of Court (Chapters 4 & 5)

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  1. Settling Disputes: In and Out of Court (Chapters 4 & 5)

    Mr. Garfinkel 1/15/14
  2. From the last lecture (a slide we didn’t get to) Voting Initiative- voters can propose a law by petition in some places Referendum- votes can directly decide a law Recall- voters can remove an elected official
  3. When conflict arises... Conflict happens all the time Going to court is expensive, time consuming and often unnecessary Important to note we are only talking about civil matters here (between individuals or groups)
  4. Solving a dispute outside of court There are three commonly used methods used to avoid going to court Negotiation Arbitration Mediation
  5. Negotiation In negotiation, parties in a dispute talk with each other and try to reach a solution that is acceptable for all. Examples of this? Often times a “settlement” is reached before the case goes to trial. This usually causes the case to be dropped.
  6. Arbitration Both parties agree to have another person (an arbitrator) listen to their arguments and make a decision. Like a judge but much less formal Arbitrators often have final authority (called “binding arbitration”) Arbitration is often agreed to when the original agreement is made Examples where arbitration is common: Sports Labor agreements Real estate deals
  7. Mediation A 3rd party listens to the dispute, but does not impose a decision on the participants Acts neutral and tries to help each side understand the other and come to an agreement.
  8. Law in Action Please Read pg. 43 “Problems at the Mall” What is your argument as one of the kids who is being excluded? What is your argument as the store owner? How would you mediate this?
  9. The Case of the Barking Dog Pg. 44
  10. The Court System Trial Court The venue in which evidence is presented and witnesses give testimony In a criminal court the representative of the government is called the “Prosecutor” In a civil court, the person bringing the complaint is called the “Plaintiff” In both types of cases, the respondent is called the “Defendant”
  11. Adversary vs. Inquisitional System The United States has an “adversary system” which means the two sides go against each other. Some other countries have “inquisitional systems” in which the judge is active in questioning witnesses, presenting the case Thoughts on benefits and disadvantages to each?
  12. Jury Selection Called “voir dire” Lawyers can question the potential jurors to see if they are prejudiced or have information about the case If a juror is found to be partial, they can be “removed for cause.” These are not limited. Lawyers also get a set number of “peremptory challenges” which they can use for any reason.
  13. U.S. District Court The trial court at the Federal Level Arranged Geographically Nominated by the President, confirmed by the Senate
  14. How you can get an appeal An appeal is only possible when there has been an “error of law.” Example: The judge makes a mistake in a ruling or in applying the law. This error has to have potentially affected the outcome of the case.
  15. Appellate Courts
  16. Appellate Courts If your case is heard on appeal, the court will issue an “opinion.” A judge who disagrees with the opinion of the majority may write a “dissenting opinion. A judge who agrees but for different reasons may write a “concurring opinion”. The court’s ruling can serve as a “precedent”- all lower courts in the place where the decision was made must follow it. Case law is the set of existing rulings which have made new interpretations of law and, therefore, can be cited as precedent.
  17. Pathways to the Supreme Court
  18. The Supreme Court
  19. Getting on the Court Nomination process Nominated by President Confirmed by Senate This can sometimes be contentious Robert Bork Clarence Thomas Term: life 9 members
  20. Getting “Borked” https://www.youtube.com/watch?v=vDKQq3jne_I
  21. Having your case heard by the court Petition for Certiorari 8,000 cases a year are appealed to the S.C., 99% are denied What would make them hear your case? Difference of opinion among lower courts Critical national policy issues Political issues Lawyers write briefs, present their case, justices question, no witnesses or evidence.
  22. Gideon vs. Wainwright Please read pg. 58! “you have the right to an attorney…”
  23. Movie Time!
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