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Anderson’s Business Law and the Legal Environment. Chapter 2: The Court System and Dispute Resolution. Jurisdiction. Courts hear disputes according to their jurisdiction. General jurisdiction courts hear a wide range of matters.

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chapter 2 the court system and dispute resolution

Anderson’s Business Law

and the Legal Environment

Chapter 2: The Court System and Dispute Resolution

jurisdiction
Jurisdiction
  • Courts hear disputes according to their jurisdiction.
    • General jurisdiction courts hear a wide range of matters.
    • Limited jurisdiction courts deal with cases restricted to certain subject matter.
  • Courts that review the decisions of trial courts are appellate courts.
court systems
Court Systems
  • The courts in the United States are organized into the state and federal court systems, each (generally) with three levels:
    • trial courts
    • appellate courts
    • a supreme court
the federal court system

Supreme Court of the United States

(Highest appeals court; review from lower appeals courts is usually at the discretion of the Supreme Court)

U.S. Courts of Appeals

Circuit Courts – Jurisdiction by geographic area.

Court of Appeals for the Federal Circuit – Nationwide jurisdiction by subject matter

Review

Federal District Courts

Indian Tribal Court

Tax Court

Bankruptcy Court

Specialty Courts

The Federal Court System
the state court system

Possible

Appeal to the United States

Supreme Court

State Supreme Court

State Court of Appeals

General Trial Court

(County, Circuit & Superior Court)

Specialty Courts

Juvenile

Probate

Domestic

Relations

City or

Municipal

(Traffic)

Small

Claims

The State Court System
trial procedures
Trial Procedures
  • Within the courts of original jurisdiction, there are rules for procedures in all matters.
  • A civil case begins with the filing of a complaint by a plaintiff, which is then answered by a defendant.
  • Discovery is the pretrial process used by the parties to find out the evidence in the case (depositions, interrogatories, and document requests).
trial procedures1
Trial Procedures
  • The case is managed by a judge and may be heard by a jury.
    • Through the process of voir dire, the parties may challenge the selection of certain potential jurors.
  • The trial involves opening statements, the presentation of evidence, and the direct and cross-examination of witnesses.
  • Once a judgment is entered, the party who has won can collect the judgment through garnishment and a writ of execution.
steps in litigation

1. Complaint by plaintiff

2. Service of process on defendant

3. Defendant’s answer

4. Discovery

5. Motion for Summary Judgment

(if no factual issues)

Deny

Counterclaim

Admit

Depositions

Interrogatories

Request for Production

Steps in Litigation
steps in litigation cont d

voir dire

challenge for cause

peremptory challenge

6. Trial

a. Jury selection

b. Opening statements

c. Plaintiff’s case

d. Motion for directed verdict

e. Defendant’s case

f. Summation

g. Jury instructions

h. Jury verdict or mistrial (deadlocked)

i. Motion for new trial or judgment

j. Recovery - fees, execution garnishment

direct

cross

redirect

recross

Steps in Litigation (cont’d)
forums for legal rights determination

Non-governmental

Procedure

OR

Court

State

Federal

Reference to Referee

Arbitration

Minitrial

Association Tribunal

Summary Jury Trial

Use of Ombudsman

Mediation

Rent-a-Judge

Forums for Legal Rights Determination