Chapter 2Business LawMr. Sherpinsky
A Dual Court System
Get Your Books!
The Opening Scene, pg. 27
Parts: Jamila Daniel Peggy Trai Mrs. Martinez
Justice Journal
What is a court case you have seen on T.V. lately?
What kind of a court was the case tried in?
A Dual Court System
U.S. System of Justice has two major parts
1. Federal System2. State Court System
Federal Courts
Hear cases involving or have jurisdiction over “responsible for”: Federal matters (Example 1, pg. 28) Citizenship matters
United States Supreme Court
13 United States Courts of Appeals(12 Circuit Courts)
(1 Court of Appeals for the Federal Court)
US District Courts Many Federal Agencies
Court of Appeals for Federal Circuit
Specialize Federal Courts
State Court System
United States Supreme Court
State Supreme Court
Appellate Courts
General Trial CourtsCommonwealth & Superior Courts
Lower Trial CourtsCourt of Common Pleas
District Justice Court
Basic Court Terms: Jurisdiction
Jurisdiction: is the power and authority given to a court to hear a case and to make a judgment
Diversity of Citizenship: cases which involve citizens of different states and in which the amount of money in dispute exceeds $75,000
Admiralty cases, or those pertaining to the sea
Patent and copyright cases Bankruptcy cases
Basic Court Terms: Jurisdiction
Original Jurisdiction: Meaning they try a case the first time it is heard
Appellate Jurisdiction: Any party to the federal or state courts may appeal to the Appellate Court in the circuit or state where the case was tried
Basic Court Terms: Jurisdiction
General Jurisdiction: meaning they handle criminal and civil cases. (In Bucks County commonly known as the Court of Common Pleas)
Limited Jurisdiction: meaning they handle minor matters (Misdemeanors and civil actions)
Federal Courts
Hear cases involving or have jurisdiction over “responsible for”: Federal matters (Example 1, pg. 28) Citizenship matters
United States Supreme Court
13 United States Courts of Appeals(12 Circuit Courts)
(1 Court of Appeals for the Federal Court)
US District Courts Many Federal Agencies
Court of Appeals for Federal Circuit
Specialize Federal Courts
U.S. District Courts
U.S. District Courts Have original
jurisdiction over most federal cases
Most federal cases begin in one of the U.S. district courts
U.S. District Courts
Have ORIGINAL Jurisdiction: Cases that arise for first time
under▪ The Constitution▪ U.S. law▪ U.S. treaties▪ Lawsuits between citizens of different states, U.S. citizens and a foreign nation, or between a U.S. citizen and a citizen of a foreign nation.
U.S. District Courts
Jurisdiction over: Issues between states Issues between parties who
reside in different states and the remedy is over $75,000
Issues of national attention Issues where the United
States is a party
U.S. District Courts
Also have GENERAL Jurisdiction Lowest Level of federal court
system. Most federal cases start in U.S. District Courts.
Power to determine the facts and to make initial determinations.
Both civil and criminal cases
Courts of Appeals
Courts of Appeals Also known as
appellate courts or intermediate courts
Intermediate Courts means a court between
lower courts and the highest court
Court of Appeals or Appellate Courts
Hear appeals and review cases from lower courts Have appellate jurisdiction over
district courts, certain specialized federal courts, and many federal administrative agencies
Appeals from a lower court, like state court
Appeals from administrative courts Appeals from specialized courts,
like patent court Only questions of law can be raised on appeal,
not questions of fact or call witnesses Review transcripts, appellate briefs, and oral
arguments from attorneys
Appellate Courts
Review decisions of lower courts when party claims error during proceedings Usually a panel of three
(3) judges Only questions of law can be
raised on appeal, not questions of fact or call witnesses
Review transcripts, appellate briefs, and oral arguments from attorneys
Special U.S. Courts
Special Courts Designed by Congress Has jurisdiction over
certain kinds of cases: Suits brought by citizens
against the federal government
Disagreements over taxes on imported goods
Disputes between taxpayers and the Internal Revenue Service (IRS)
Special U.S. Courts
Special Courts Designed by Congress Have Jurisdiction over:
Suits brought by citizens against the federal government
Disagreements over taxes on imported goods
Disputes between taxpayers and the IRS
Examples: US Claims Court (Against government) US Court of International Trade (Tariffs and
import taxes) US Tax Court (Tax laws) Territorial Courts (All US Territories) Court of Military Appeals (Court martials)
U.S. Supreme Court
U.S. Supreme Court
Highest Court in the Land
Has both original and appellate jurisdiction Original: cases over
ambassadors, public ministers, and consuls or those in which the state is a party
Appeal: All cases on appeal from US Courts or State Supreme Courts
U.S. Supreme Court
Supreme Court Justices decide which cases they will hear from the U.S. Courts of Appeals or the State Supreme Courts (By vote of at least 4 Justices)
The Supreme Court consists of the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. The number of Associate Justices is
currently fixed at eight Power to nominate the Justices is vested
in the President of the United States, and appointments are made with the advice and consent of the Senate.
Terms last for a lifetime Working term begins on the first
Monday in October
Web Quest
Research the US Supreme Court Answer the following questions for each
Judge:1. Name all Justices 2. The colleges/universities they graduated
from3. Birth Date/Family Profiles4. Who appointed them and when5. Identify them as either being conservative
or liberal6. Name at least 2 major cases they have
quoted
State Court System
United States Supreme Court
State Supreme Court
Appellate Courts
General Trial CourtsCommonwealth & Superior Courts
Lower Trial CourtsCourt of Common Pleas
District Justice Court
State Court System
The three primary courts in the state court system are:• Superior Court, • Intermediate Court Of
Appeals and • State Supreme Court.
State Court Systems
Municipal Courts Limited jurisdiction
Means handle minor matters such as misdemeanors and small amount of money (Less than $2500)
Also known as Justice of the Peace or Magistrate’s courts Commonly cases are called
summary offenses All misdemeanor and felony
violations are more commonly called court cases.
State Court Systems
County Trial Courts General, original and appellate
jurisdiction: Hears all Criminal and civil matters
Known as “Court of Common Pleas” and “court of record” Hears a wide variety of cases,
including criminal prosecutions, juvenile delinquency proceedings, lawsuits involving money or property, divorce, custody disputes, child support issues, adoptions, estates and much more. The Common Pleas Court is also the
court in which many appeals, such as driver’s license suspensions, zoning matters, traffic tickets and numerous others are resolved.
State Court Systems
State Trial Courts General and Original jurisdiction:
Criminal and civil matters Known as circuit courts or
superior courts “Court of record”- keeps an exact account of what goes on at trial▪ Types of Records: transcripts of what
was said, evidence submitted, statements, determinations of court officials, and judgment of the court
State Court of Appeals Panel of judges evaluates the record,
briefs, and oral arguments.
Pennsylvania State Supreme Court
Highest court in the stateChooses the cases it hears
By vote of at least four (4) of the Seven (7) Judges
Pre-dates the US Supreme Court by 67 years
Special Courts
Specialized Cases:Probate Courts
Hear cases involving the property of deceased persons Even when no will exists!
Adoptions
Special Courts
Specialized Cases:Domestic Relations
Court Divorce, annulment,
distribution of property, alimony and child support
Special Courts
Juvenile Courts A delinquent child is a
minor who has committed an adult crime.
Special Courts
Juvenile Courts An unruly child is
generally a minor who has done something inappropriate that is not considered an adult crime.
Special Courts
Juvenile Courts A neglected or abused
child is one who is homeless, destitute, or without adequate parental care.▪ He or she may become a
ward of the state.▪ Many states have imposed
stricter standards for the treatment of youth offenders▪ Especially when drugs or violence is
involved
What do you think…
In which court will these case most likely be tried?
1. Bankruptcy2. Dispute between U.S.
taxpayer and the IRS3. Violation of curfew
by a teen
Check Yourself
1. What does jurisdiction mean?
2. Which vocabulary word for section 1 would fit this scenario?
If a 13-year-old-girl were found living in an abandoned mobile home, how might she be distinguished in a juvenile court?
Think about it…
Have you or your family ever had a disagreement with someone?
How did you or your family handle it?
Did you seek the help of a 3rd party?
What was the final course of action?
Trial Procedures
Civil Trial Procedures vs. Criminal Trial Procedures
Civil Trial Procedures
Civil and Criminal Trials begin differently Criminal Cases: Government brings
case for offenses against the public at large
Civil Cases: Individuals who believe they have been injured initiate challenges▪ Injured party begins a suit by filing a
complaint with court▪ Lawsuits can be expensive so alternatives
have been developed
Alternative Dispute Resolution (ADR)ADR (alternative Dispute Resolution
Defined: Process that occurs when parties try to resolve disagreements outside of the usual adversarial system
Quick and Inexpensive Classified in 2 ways Reactive method: used after a dispute has
arisen Proactive method: used before a dispute
arises
See Figure 2.2, page 35
ADR (Alternative Dispute)
Reactive Methods Mediation: when parties to a dispute
invite a 3rd party into the process to help find a solution
Arbitration: when parties actually transfer the power to settle their dispute to a 3rd party▪ Binding and Non-binding
Summary Jury Trial: short trial that runs less than a day before a real jury which puts forth verdict
Private Jury Trial: Parties can hold the trial at a time and place of their own choosing
ADR (Alternative Dispute)
Proactive Methods Partnering: Involves a process by
which the parties to a long and involved contract agree to meet to become familiar
Settlement Week: Court’s clear docket of other cases to hear settlement offers
Negotiated Rule-making: Parties affected by new rules work together to develop new rules
Science Court: a forum for disputes about science or technology controversies▪ Genetic engineering, nuclear energy
research, and so on
Methods for Solving Disputes
Three (3) major ways to resolve disputes: 1. Negotiation 2. Arbitration 3. Mediation
Methods for Solving Disputes
Negotiation Process in which people
involved in a dispute discuss their problem and try to reach a solution acceptable to all▪ Skills necessary are handling
conflict responsibly way and can be used in everyday life▪ Informal, which makes it
ideal for many types of disputes
Methods for Solving Disputes
Negotiation Often people hire attorneys to
represent them▪ Requires formal approval of any
deal▪ Attorneys file a court case and
still try to resolve the issues through negotiation
Settlement: formal acceptance of a deal satisfying both parties▪ Saves time and money
Methods for Solving Disputes
Negotiation 3 Phases in Negotiating
1. Preparationa) Sincere interest in settlingb) Identify all the real issuesc) Separate demands from
interestsd) Examine the issue from the
other party’s point of view
2. Negotiating3. Post-negotiating
Methods for Solving Disputes
Negotiation 3 Phases in Negotiating
2. Negotiating1. Focus on the real issues2. Gauge intensity3. Listen carefully4. Ask question for clarity5. Design alternatives
3. Post-negotiating
Methods for Solving Disputes
Negotiation 3 Phases in Negotiating
3. Post-negotiatinga) Make final decisionsb) Build agreementc) Keep options available
Methods for Solving Disputes
Arbitration Both parties to a dispute agree to
have one or more person hear the dispute and make a decision for them
Arbitrator is acting like a judge Less formal than a trial Arbitrator has the power to make
decision▪ Binding or Non-Binding
Methods for Solving Disputes
Mediation When a third person helps the
disputing parties talk about problems and issues
Cannot impose a decision on the parties▪ Goal is a reasonable
agreement▪ Often, mediator acts as a
neutral third party
Voluntary▪ Air feelings and avoid blame,
preserves the future relationship
Web Quest
Research the Bucks County Court System Using the handout,
answer the questions using your research skills, the Internet, and existing knowledge.▪ Bonus Question: What is/was
the budget for the court system?
Trial Procedures
Civil Trial Procedures vs. Criminal Trial Procedures
Civil Trial Procedures
Civil and Criminal Trials begin differently Criminal Cases: Government brings
case for offenses against the public at large
Civil Cases: Individuals who believe they have been injured initiate challenges▪ Injured party begins a suit by filing a
complaint with court▪ Lawsuits can be expensive so alternatives
have been developed
Civil Trial Procedures
Begins with the injured filing a complaint Starting a civil
case can be expensive so many look for other ways to handle disputes
Civil Trial Procedures
Plaintiff Persons whom
start the court process▪ Files 1st
Defendant Person being
sued▪ Action being
taken against
Steps in a Civil Trial
1. Pleadings▪ Complaint (Plaintiff’s claims or
allegations)
▪ Answer (Defendant’s responses to claims)
2. Discovery (gathering evidence… pre-trial hearing)▪ Depositions
▪ Interrogatories
▪ Request for documents
▪ Physical and mental exams
▪ Requests for admission
Sometimes the case can settle during these 2 phases, if not…
Steps in a Civil Trial (continued)
3. Listed for Trial A pretrial hearing is
held to simplify issues and discuss matters that might help dispose or get rid of the case.
If the case is not thrown out…it gets listed for a jury trial.
Steps in a Jury Trial
1. Selecting the Jury – voir dire2. Opening Statements – Plaintiff’s attorney goes first3. Introduction of Evidence4. Closing Arguments – Plaintiff’s attorney goes first5. Jury Instructions6. Verdict and Judgment
Verdict and Judgment
If the defendant is found guilty, the plaintiff is entitled to a remedy. Payment Specific Performance Injunction
The court makes sure the execution of judgment is carried out.
Gideon: Case Study
Arrested? Need a Lawyer? Why should the government be responsible to provide an attorney?
Gideon: Case Study
What precedent was set by Supreme Court? Any indigent (someone who can’t afford an attorney) defendant must
be provided with representation (limited ruling…not clear??) Who had to follow the precedent? What if the
case was decided by judge in state appeals court? Everyone, in US. If it was at the State Appeals Court: Only state lower courts, unless
their constitution says all courts in state. Does Gideon apply to other cases?
Not answered at time, but in 1972, Supreme Court ruled that any case that could lead to jail time the defendant should have representation.
Doesn’t apply to “no” jail terms crimes or civil cases
Miranda v. Arizona (right to counsel/avoid self-incrimination)
Criminal Trial Procedure
Arrest Criminal cases often start
with an arrest Occurs when a person is
deprived of his or her freedom Officers may arrest a person at
any time with a warrant Officers may arrest a person
without a warrant if he or she believes the person has committed or is committing a felony or misdemeanor
Criminal Trial Procedure
1. Arrest Rights of the Defendant▪ Miranda warnings▪ A telephone call▪ Bail – sometimes▪ Remain silent▪ Attorney – court appointed
if can not afford▪ Fair trial▪ Presumed innocent until
proven guilty
Criminal Trial Procedure (continued)
2. Search and Seizure Search warrant needed
under normal circumstances and may be limited to only the area mentioned in the warrant
( Example 3, page 44)
*Not needed if person is arrested*
**School officials may search students without a warrant as long as they have reasonable ground to believe they will find something.**
Criminal Trial Procedure (continued)3. Charges
A. Felonies▪ Crime punishable by confinement
for more than a year in a state prison or by a fine of more than $ 1,000 or both – or even death▪ Murder, kidnapping, arson, rape,
robbery, burglary, embezzlement, forgery, theft of large sums, and perjury are examples of felonies
B. Misdemeanor▪ Less serious crimes that are
punishable by confinement in a county or city jail for less than one year, by fine, or both.▪ Disorderly conduct, speeding,
littering, and parking violations
Criminal Trial Procedure (continued)4. Arraignment
Indictment – written accusation charging the individual
Arraignment – read the indictment or information and then asked to plead▪ Guilty or Not Guilty
▪ Guilty – sentenced – fine, imprisonment, death▪Not Guilty- goes to trial
Criminal Trial Procedure (continued)5. The Trial
Jury Trials Selection of jurors Opening Statements Introduction of evidence Closing Arguments Judge’s Instructions to
Jury Judge Trial
Opening Statements Introduction of evidence Closing Arguments
Criminal Trial Procedure (continued)
6. Sentencing Criminal Cases: Must be
unanimous Guilty beyond a reasonable
doubt Judge imposes ruling
Fines – Payment of money
Imprisonment – term of incarceration
Death penalty Not Guilty
Free to go!
Juvenile Cases
Juvenile Court Dispositional Hearing (1st
Step) Dismissed or Adjudicatory
Hearing▪ Home on probation▪ Agency or foster home▪ Training or reform school▪ Pay with money, work or both
The juvenile court system is designed so that each case and special circumstances are considered individually.
Juvenile Cases
Disposition of Juvenile Cases The judge usually holds a
detention hearing to learn whether there are good reasons to keep the accused in custody.
An investigation is begun into the minor’s background and home life.
Juvenile Cases
Disposition of Juvenile Cases Delinquent child- is a minor
under a certain age (16-18) who has committed an adult crime.
Unruly child- a minor who has done something inappropriate that is not considered an adult crime. (Violating curfew, skipping school, or using tobacco)
Neglected/abused child- one who is homeless, destitute or without adequate parental care. (Ward of the state)
Discussion Starter
Joseph, age 16, robbed a local grocery store, stealing several cartons of cigarettes. Would he be considered a delinquent child to the courts?
Why or why not?
Judge for Yourself
Do you agree that people under 18 should be tried as an adult if they commit certain crimes?
Partner Activities
Grasping the IssuesWorking with a partner:
Choose four of the five short cases from page 52 and write a short paragraph responsePrepare your defense for the “Privacy and Drug Testing” Debate
Five TeamsProAgainst
Class Work
WorkbookReview for Exam in next class
Exam (Thursday)Due: (Thursday also)
Vocabulary Packet