chapter 4: enforcing the law 4 how can disputes be resolved privately?
TRANSCRIPT
Chapter 4: Enforcing the Law
How Can Disputes Be Resolved Privately?
Key Terms
Litigate- take their disputes to court Mediator- a third party trying to develop a
solution acceptable to both sides of the dispute
Arbitrator- hold an informal hearing to determine what happened
What is a Court?
Court- a tribunal established to administer justice under the law– decide civil disputes
and criminal cases
– attempt to use impartial and thorough procedures to make decisions
Two Different Types of Courts
Trial Court- 1st court to hear a dispute– witnesses testify
and other information is presented to prove the alleged facts.
Appellate Court- reviews decisions of trial courts when a party claims an error was made during the trial– doesn’t hear witnesses
– limited to correcting errors of law
Court Terms
Transcript- copy of the written record of a trial– listen to oral arguments
of attorneys
– decides if it should be affirmed, reversed, amended, or remanded
– Jurisdiction- the authority to decide types of cases.
What Is Our System of Courts?
Federal Courts– includes 13
intermediate U.S. courts of appeals.
– occur in U.S. district courts
– hear cases that involve rights created by the Constitution or by other federal laws
State and Local Courts– each have:
• Supreme Court
• Trial Courts-named county, circuit, superior, or district courts.
• Courts of limited jurisdiction-juvenile courts
Court Types
Small Claims Court- a civil action for a small amount, up to $3000, can be filed– each party may
represent himself or herself
– conducted informally, quickly, and economically
How does a Juvenile Court differ from others?
Juveniles- persons under the age of majority.– Usually under the age of 18– juvenile court can transfer to an adult court:
• to distinguish between right and wrong• to understand the legal consequences of his or her acts
– juvenile delinquent- child under a specified age who commits a criminal act or is incorrigible
Purpose of a juvenile court is:– to determine whether the juvenile committed the offense– to consider ways to rehabilitate the juvenile
What is the Procedure in a Criminal Action?
Criminal Action- a lawsuit brought by the State against a person accused of a crime.
Proof Beyond a Reasonable Doubt- a standard of proof in which the vast majority of the evidence.
What is the Procedure in a Civil Action?
Plaintiff- the party who brings a civil action to enforce a private right
Defendant- the party against whom the civil action is brought
Complaint- states the plaintiff’s claims, which allegedly justify the relief demanded
Deposition- pretrial questioning of the opposing party and witnesses under oath
Summons- a court order that directs the defendant to answer the complaint
Answer- the defendant’s statement in reply to the complaint
Discovery procedures- court ordered means of getting facts about the dispute from the opposing party and witnesses before trial
How is a Civil Case Tried?
Jury- body of impartial citizens who listen to the witnesses, review physical evidence, and decide the issues of fact
Opening Statements- outline what the plaintiff or the defendant will try to prove
Evidence- anything that provides information used to prove or disprove alleged facts
Testimony- consists of statements made by witnesses under oath
Witness- a person who has personal knowledge of the facts
Expert Witness- a witness who possesses superior knowledge about important facts
Civil Case Terms
Subpoena- written order by the judge commanding a witness to appear in court to give testimony
Contempt of Court- willful, unexcused failure to appear
Closing Statements- each attorney summarizes the case, trying to persuade the judge to favor his or her side
Instructions to the jury- tell the jury what rules of law to apply to the case
Preponderance of the
Evidence- a majority of the evidence
Judgement- the final result of the trial
How is a Judgement Satisfied?
Writ of Execution- process by which a judgement for money is enforced