B/L Chapter 3- Court Systems
Terms in this set (75)
how can disputes be resolved without going to court?
mediation or arbitration
what does it mean to litigate?
to take disputes to court
Explain the role of a mediator
-evidence is presented to an independent 3rd party
-acceptable solution is developed
-solution NOT binding
Explain the role of an arbitrator
-arbitrator holds hearings
-decision is binding
government forums that administer justice under the law
what can a court do? (their powers)
-award damages in civil cases ($ damages)
-order appropriate relief (injunction-keep something from being done)
-impose punishment in criminal cases (fine or imprisonment or both)
who decides in major cases?
who decides in minor/small civil cases?
What are the 2 different levels of courts?
what do trial/circuit courts deal with?
-civil and criminal cases
What do appellate courts deal with?
-reviewing decisions of lower courts
-original (first) jurisdiction (power)
-hear witnesses (first hand knowledge)
-evidence presented by lawyer to judge and jury
-clerk keeps records (wears mask)
-sherriff (bailiff) keep order and summon witnesses
-jury delivers verdict
-judge gives the judgement
what are sheriffs called in federal courts?
-review decisions of lower trial courts (panel of 3 judges)
-concerned w/errors of law not questions of fact
-no new evidence can be presented
-listen to lawyers oral arguments
what are appellate briefs?
what lawyer submits
upholds decision of lower court
overturns decision of lower court
changes decision of lower court
sends back to lower court for corrective action or new trial
what is the origin of our federal court system?
Article III of U.S. Constitution
What did the Federal Judiciary Act do?
-est U.S. Supreme Court
-est circuit court of appeals
what is general jurisdiction?
-hear any case
-Federal District cases
What is special jurisdiction?
-can hear only specific cases
-tax and claims court
What are the 3 levels of the federal court system with general jurisdiction?
-Federal District Courts
-Federal Court of Appeals
-U.S. Supreme Court
What do the Federal District Courts have jurisdiction over?
Federal question involving:
-U.S. law cases
lawsuits b/w citizens of different states/U.S. citizens and foreign nations
What courts/cases does the federal court of appeals have appellate jurisdiction over?
-12 geographic areas
-1 federal circuit
-international trade commission
-special jurisdiction cases
What type of cases does the U.S. Supreme court hear?
-cases affecting ambassadors
-appeals containing an important constitution issue or federal law
-appeals from state supreme courts
what is a writ of certiorari?
an order that compels (requests) the lower court to turn over all records of the case to the Supreme Court
What type of jurisdiction do most state trial courts have?
-original (first to hear case)
What types of cases does a state trial hear?
What are some other names for a state trial court?
-district courts (AR)
-courts of common plea
What is a court of record
keeps an exact account of what goes on at trial-includes the transcript, evidence submitted at trial, statements of the witnesses, verdict by the jury, and judges judgement
How is the state court of appeals similar to the federal court of appeals
-both have panels of judges that review cases
-similar (work in same way)
what type of cases does a state supreme court hear?
cases involving most complex state law and constitution issues
What is the title given to judges who sit on the state supreme court of U.S. Supreme Court
List the courts with limited jurisdiction
-associative circuit courts (county courts)
-small claims court
what type of cases do associate circuit courts hear?
-minor criminal cases (no jury)
-state traffic cases (no jury)
-civil cases involving less than $25,000
What type of cases do city/municipal courts hear?
-minor criminal cases (no jury)
-city traffic cases (no jury)
-violation of city ordinances
what types of cases do small claims courts hear?
-minor civil cases (no jury)
-less than $5000 (in AR) (no jury)
-attorneys not present (no jury)
what types of cases do juvenile courts hear?
-not open to public
-records not public
-attorney is present
-emphasis on rehabilitation not punishment
what kinds of cases do probate courts hear?
-dividing property when a person dies (with a will or without)
what is the minimum age a person can be tried as an adult in AR according to the book?
14 (until case with 12 yr olds in Jonesboro)
what are sheriffs
officers who carry out judgements in state court systems
what are marshalls
carry out judgments in federal court systems
litigation can be avoided by
what is an appellate brief?
written arguments on issues of law that attorneys submit
what is a transcript?
a verbatim (exact) record written during trial
general jurisdiction permits-
a court to hear any kind of case
a type of court that does not accept new evident or call witnesses
the number of federal courts of appeal
a court that has both appellate and original jurisdiction
U.S. Supreme Court
the lowest federal court with general jurisdiction
federal district court
the number of circuit courts in the federal system (appellate courts)
the legislation that set the circuit courts of appeal
Federal Judiciary Act
a type of jurisdiction that permits a court to hear one specific type of case
the number of courts of appeal for the "federal circuit"
an order that compels a state court to turn over case records to the Supreme Court
Writ of certiorari
what are associate circuit courts
lower courts that hear minor criminal cases and lawsuit that involve less than $25,000
associate circuit courts are also called-
courts that handle cases involving $2,500 or less
a ____ keeps an exact account of what goes on at trial
court of records
what is a justice
a judge who sits on a state supreme court
cities have _____ courts that administer their ordinances
which court is the lowest level in the federal court system with general jurisdiction?
Which court has appellate jurisdiction over district courts?
Which type of court has 12 courts that are considered circuit courts for a specific geographic area?
Which court has original jurisdiction over cases affecting ambassadors and public ministers?
Which court's decisions can be overturned by a constitutional amendment?
which court has jurisdiction over lawsuits between citizens of different states?
Which type of court has 13 different courts in the federal system?
Which court has both original and appellate jurisdiction?
Which type of court does not accept new evident or call witnesses?
Which court has original jurisdiction over lawsuits involving more than $75,000
Which court can issue a writ of certiorari to state courts?
Which court can overturn decisions made by the Supreme Court?