Miss Nash Notes

Report
Bell Ringer 11/7
What is one thing you can do
to improve your scores for
your next test?
Solving disputes without
Court
 Litigate Take disputes to court
*People decide too quickly to litigate disputes before
considering other options.
Option 1 Face-to-face
- Together, parties reach a mutually acceptable
resolution
 Option 2 Mediation
- Two parties invite an independent 3rd party called a
Mediator; they try to develop an acceptable solution
to the both sides of the dispute
 Option 3 Arbitration
-Arbitrator holds an informal meeting to determine
what happened; Arbitrator’s decision is binding and
can be enforced by court order if need be
Settling disputes with
Court
 Court  a governmental forum that administers
justice under the law
-Courts decide disputes between private individuals
and in criminal cases
-Courts may award damages or order other
appropriate relief in the former cases
-Courts may impose punishment in the criminal cases
(fines & imprisonment)
 Option 1  Trial Court
-Court in which a dispute is 1st heard; hears witnesses
testify and reviews other pertinent evidence 1st hand
so as to determine the facts of a case
-Applies what it selects as the appropriate law to the
facts to reach a verdict or decision in the case
-Trial courts have original jurisdiction over, or original
power to decide the case
 Option 2  Appellate Court
-Reviews decisions of lower courts when a party claims
an error was made during the lower court’s
proceeding
-Appellate court does not go off of evidence; goes
solely off of errors of law
-Appellate courts examine the transcript which is the
verbatim record of what went on at trial
-They also read Appellate briefs or written arguments
on this issues of the law, submitted by the opposing
attorneys.
-Appellate courts DO NOT consider any new evidence
For Friday 11/9…
Find a current event to bring to
class on Friday to share
(Worth 5 points)
Bell Ringer 11/9
 What is the difference between the 3 ways of
settling a dispute without going to court?
(Face to face, Mediation, Arbitration)
 Share Current Events
Bell Ringer 11/13
 What is the difference between trial court and
appellate court?
 Coming up:
 Current Event due Thursday
 Bell Ringer Check Thursday
 History of the Jury assignment due Thursday
Section 3-2:
THE FEDERAL COURT
SYSTEM
Origin of the Federal Court
System
 Articles of Confederation did NOT allow for a
Supreme Court
 During George Washington’s inauguration as the
first president, it took 6 months for Congress to pass
the Federal Judiciary Act.
 This act “ordained and established” the U.S.
Supreme Court and 13 district courts.
Jurisdiction of the Federal
Courts
-General Jurisdiction can hear almost any kind
of case
-Special Jurisdiction  Hears only one specific type of
case.
3 Levels of Federal Court
Levels:
1. Federal District Courts
2. Federal Courts of Appeals
3. The U.S. Supreme Court
Federal District Courts
 Lowest level of federal court with general
jurisdiction
 This level is the trial court (first court to hear a
dispute) at the federal level
 Has power to determine the facts and to make initial
determinations of the law to use in deciding the case
Federal District Court
Cont’d…
 District Courts have original Jurisdiction over:
 Federal Questions or cases that arise under the
Constitution, U.S. Law, and U.S. Treaties
 Lawsuits between citizens of different states, between
U.S. citizen and a foreign nation, or between a U.S. citizen
and a citizen of a foreign nation.
 Parties have “diversity of citizenship”
 More than $75,000 must be in dispute for a case to
go to the Federal District Court
What’s your Verdict…
Susan Bean, a citizen of Illinois, sued Wallis Turk, a
citizen of the state of Colorado, for the breach of a
construction contract on Bean’s new Chicago
residence. More than $600,000 was at stake. Bean
filed the suit in Illinois state court. Turk fought to
remove the case to the federal courts.
Will the case be heard in federal or state court?
What’s your verdict…
 Bill Jones, a citizen of the state of Maryland sues Jim
Smith, also a citizen of the state of Maryland over a
breached contract. Bill Jones contracted Jim Smith
to complete some minor handy man work at his
home costing around $10,000. Would this case be
heard in a Federal District Court or state court?
Why or why not??
Bell Ringer 11/15
 Provide 1 fact that you learned on
Tuesday about the Federal District
Courts
 Coming up today:




Current Events
History of the Jury
Federal Courts of Appeals
Vocab Quiz Monday
Federal Courts of Appeals
 Have appellate jurisdiction over district courts,
certain specialized federal courts, and many federal
administrative agencies.
 This power is exercised when the result of a case in a
lower court is appealed by one or more of the
parties.
Federal Court of Appeals
cont’d…
 Appellate courts DO NOT accept any new evidence
or call witnesses; instead they review the trial
transcripts, appellate briefs, and oral arguments of
the attorneys
 No appellate court, not even the USSC can change
the factual determinations of a jury.
Federal Courts of Appeals
Cont’d…
 13 federal courts of appeals; 12 of them are circuit
courts, each of which is responsible for an assigned
geographic area; the 13th one is dedicated to the
federal circuit
 This court handles patent cases appealed out of the
district courts and appeals from federal courts with
special jurisdictions
Federal Courts of Appeals
Cont’d…
 More Info
 With the exception of criminal cases in which a defendant
is found not guilty, any party who is dissatisfied with the
judgment of a U.S. District Court (or the findings of
certain administrative agencies) may appeal to the U.S.
Circuit Court of Appeal in his/her geographical district.
 Cases are heard with a panel of 3 judges.
Vocab Review
 http://www.flashcardmachine.com/2280734/x54f
Bell Ringer 11/27
 Write down one of your vocab
words and it’s definition
 For Thursday:
Current Event
Judge’s Activity
United States Supreme
Court (USSC)
 Made up of 9 judges known as justices and presided
over by the Chief Justice
 Located in Washington D.C.
 Informational Website
USSC Cont’d…
 Has both original and appellate jurisdiction
 According to the constitution the USSC has original
jurisdiction over cases affecting ambassadors, other
public ministers/consuls, and those in which a state
shall be a party
USSC Cont’d…
 The most important function of the USSC is the
exercise of its appellate jurisdiction
 This jurisdiction is exercised over cases on appeal
from the U.S. Courts of Appeals or from the highest
courts of the various states.
Activity
 Jake  John G. Roberts Jr.
 Brianna Samuel Alito Jr.
 Dylan Antonin Scalia
 Danyelle  Sonia Sotomayor
 Jenna  Anthony M. Kennedy  Sean Elena Kagan
 Kerri  Clarence Thomas
 Rachelle President Obama
 Karena  Ruth Bader Ginsburg  Katy Vice President Biden
 Mike  Stephen G. Breyer
 Trey Robert Casey
Bell Ringer 12/3
Name the 3 levels of Federal
Court
Wednesday-Review
Friday- EXAM Chp 3
A Typical State Court
System
 In most states, Trial Courts(original jurisdiction over
criminal and civil matters) are known as circuit courts
 Court of Record-Keeps an exact count of what goes
on at trial. Record may include a transcript
 State trial courts review the decisions of lower
courts such as small claims courts
 State trial courts have original jurisdiction over
cases, so they typically use a jury; if NO jury, Judge
will determine the decision
State Courts of Appeal
 An appeal from a court of record is reviewed by a panel of
judges in a state court of appeals.
 No more than 3 judges
 State appellate panel evaluates the record of the case
and the appellate briefs submitted by the attorneys.
 NO NEW EVIDENCE
 If they determine that incorrect law was used, they apply
the correct law themselves to reach a new result
 If they determine that incorrect law was used and
interfered with the proper decision, the case may get a
new trial
State Supreme Courts
 Every legal issue is entitled to a trial and to ONE
appeal, if filed in a timely manner
 Only cases that have the most complex legal issues
are taken to the Supreme Court
 Judges called “Justices”
 3 or more justices will review the case
 Issue final decision unless there is a federal question
of the law, than it can go to the USSC
Associate Circuit Courts
 Layer of courts below main courts
 General Jurisdiction
 Hear minor cases such as Traffic Offenses and small
cases that involve no more than $25, 000
 Take a burden off of the higher courts
City or Municipal Courts
 Administer city ordinances
 Traffic and Criminal Division
 Ordinances are not considered criminal law
 Results can be appealed to the state trial court level
if need be
Small Claims Court
 $2,500 or less
 Attorneys general not required
 Judge hears the case without a jury or formal rules
of evidence
 Can be appealed to a state trial courty
Juvenile Courts
 Over 13 & under 18 in most states are referred to as
Juveniles
 Chart on page 58 shows the age that each state tries as
an adult
 Society believes that that juveniles should not be held as
responsible as adults for their criminal acts
 Focus is on juveniles being rehabilitated, not punished
 Cases involving juveniles DO NOT become public
knowledge
 If rehabilitation fails or juvenile is back in court, they will
tried as an adult
Probate Courts
 When people die, the probate courts make sure their
wills are followed through upon
 The courts administer wills and estates

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