Enforcing the LawNumber 1
◦Is Ed bound by a third party decision?
Number 2◦Should Walter pay the money?◦Should Olivia sue, even though she
could make more money working?Number 3
◦How could Whipple get her money?
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How can disputes be resolved privately
Litigation-to take a dispute to courtMediator-an independent third party
who tries to develop a solution acceptable to both sides of the dispute◦Mediators give advise and the parties are
not bound by the decisionArbitrator-Some one that makes a
decision that is binding on parties in a dispute◦An informal hearing is held and the
decision binds both parties
What is a courtCourt is a tribunal established to
administer justice under the law.◦Courts decide civil disputes and
criminal cases
Continued….Trial Courts-This is the first court to hear a
dispute. ◦ The words court and judge mean the same thing.
Appellate Courts-reviews decisions of trial courts when a party claims an error was made during the trial. ◦ Correct errors of Law◦ Correct errors of Fact◦ Don’t hear witnesses
Jurisdiction-is the authority to decide types of cases. Courts vary in Jurisdiction◦ Ex. Juvenile and small claim courts
What is our system of courtsFederal Courts
◦ The Supreme Court is composed of nine judges, are appointed by the president, and serve for life.
◦ The Supreme Court’s Decision about federal constitutional law are always final.
◦ The Supreme Court deals with the Federal Constitutional Law
State and Local Courts◦ State and local courts are organized into the
following: A supreme court Trial Courts Courts of limited Jurisdiction
See Figure 4-2, Page 70
See Figure 4-1, Page 69
United States Supreme Court
13 United States Courts of Appeals(12 Circuit Courts)
(1 Court of Appeals for the Federal Circuit)
State Supreme Courts
Main Federal Agencies
Specialized Federal Courts
United States District Courts
Federal Courts
Small Claims CourtsSmall Claims Courts
◦Deal with civil actions for small amounts, typically up to $3,000
◦There are no attorneys◦Are conducted informally, quickly,
and economically
Juvenile CourtsJuveniles are persons under the age of majority
and are often called minors◦ The age of majority is often 18 years of age
Juveniles may be transferred to a trial court for certain crimes such as murder.◦ Transfer can be made if it can be determined that the
minor had the maturity and moral perception To distinguish between right and wrong To understand the legal consequences of her or his acts.
Juvenile Courts are meant to:◦ Provide guidance and rehabilitation◦ Protect minors from own immaturity
What is the procedure in a criminalDefendants have a CONSTITUTIONAL
right to a trial by JURY, a right to an Attorney, and do not need to testify against themselves
Criminal Action-is a lawsuit brought by the state (the people) against a person accused of a crime.◦The defendant is always presumed
innocentProof beyond a reasonable doubt-a
standard of proof in which the vast majority of the evidence supports the guilty verdict (90%)
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What is the procedure in a civil action
Involves 2 parties◦ Plaintiff-the party
who brings a civil action to enforce a private right
◦ Defendant-the party against the civil action
See Figure 4-3, Page 73◦ Complaint◦ Summons◦ Answer◦ Discovery
Procedures Deposition
◦ Pretrial◦ Trial◦ Verdict
How is a civil case triedJudges always
decide any issues of law
Jury is a body of impartial citizens (12)
Opening Statements
EvidenceTestimonyWitnessExpert WitnessClosing
Statements
Civil V.s. CriminalCivil Case
◦ Proof by a preponderance of the evidence or majority of jurors
Criminal Case◦ Proof beyond a
reasonable doubt