Business Law: Chapter 3 Court Systems

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litigate
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To place a dispute before a court of law for resolution.
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mediation
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A method of settling disputes outside of court by using the services of a neutral third party, called a mediator. The mediator acts as a communicating agent between the parties and suggests ways in which the parties can resolve their dispute. Not legally binding.
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arbitration
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(law) the hearing and determination of a dispute by an impartial referee agreed to by both parties. The decision is legally binding.
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court
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A governmental forum that administers justice under the law.
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trial court
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The first court to hear a dispute
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verdict
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A decision in a court case
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original jurisdiction
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The original power to decide a case
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appellate court
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A court that reviews decisions of lower courts when a party claims an error was made during the previous proceeding
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transcript
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A verbatim record of what occurred during a trial.
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appellate briefs
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Written arguments on the issues of law
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general jurisdiction
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The authority to hear almost any kind of case
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specialized jurisdiction
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The authority to hear only one specific type of case
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writ of certiorari
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An order from the Supreme Court to the state court to turn over the record of a case to the Supreme Court for review.
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court of record
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A trial court that keeps an exact account of what goes on at the trial
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Justice
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The title given to judges who sit on state supreme courts and the federal Supreme Court.
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associate circuit courts (or county courts)
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State courts at a level below the main courts of general original jurisdiction.
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municipal courts
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City courts that administer the city’s ordinances.
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small claims courts
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Courts that handle disputes in which small amounts, generally $2,500 or less, are involved.
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juvenile courts
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Courts established specifically to hear cases involving persons under the age of 18 who have not been charged as adults.
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probate courts
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Courts that administer wills and estates.
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How Can Disputes Be Resolved Without Going to Court?
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1. Litigation 2. Mediation 3. Arbitration
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Why should parties to a dispute try to negotiate a settlement without resorting to litigation?
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Often a dispute can be settled through a mutually acceptable solution thus avoiding the costs, delays, and difficulties of a court trial.
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Name the different levels of courts and describe their powers.
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A trial court hears witnesses testify and examines other information presented to prove the alleged facts and render a legal decision. An appellate court is concerned with the application of law in the decision of a lower court and may affirm, reverse, amend, or remand the decision of a lower court.
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Federal District Courts
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Trial courts on the federal level
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Federal Courts of Appeal
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Appellate courts on the federal level
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United States Supreme Court
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Highest court, hears both original and appeals, handles issues regarding the US Constitution
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Why does Congress have the power to establish new federal courts?
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Section 1 of Article III of the U.S. Constitution gives Congress the authority to establish inferior courts from time to time as needed.
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What is the source of power of the federal courts?
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Article III of the Constitution confers the power to judge certain criminal and civil matters in federal courts and Section 1 specifies a Supreme Court and the power of Congress to establish inferior federal courts.
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State Courts with Specialized Jurisdiction
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A. Associate Circuit Courts B. City or Municipal Courts C. Small Claims Courts D. Juvenile Courts E. Probate Courts
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Why is it important for a court of record to keep an exact account of the trial?
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An exact account is important because it is the record on which an appeal is based
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What are two major differences between the treatment of juveniles and adults in trial courts?
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Courts usually emphasize rehabilitation rather than punishment for juveniles and courts ensure that most of the criminal cases involving juveniles do not become public knowledge
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Identify the typical state courts of specialized jurisdiction
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Typical courts of specialized jurisdiction are associate circuit courts, municipal courts, small claims courts, juvenile courts, and probate courts.
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judge
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A person chosen to interpret laws, decide on a winner, or settle a controversy
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lawyer
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a professional person authorized to practice law
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jury
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a group of citizens chosen to hear evidence and make a decision in a court of law
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errors of law
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a mistake made by a judge in applying the law to a specific case
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affirmed
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approved or allowed
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reversed
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overturned
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amended
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change
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remanded
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send back to lower court
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state trial courts
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Trial courts on the state level
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state court of appeals
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Appellate courts on the state level
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state supreme court
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state court that reviews decisions of appeals courts

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