Ashcroft, Law for Business, 18e
Chapter 2 Courts and Court Procedure 2014 Cengage Learning. All
Rights Reserved. May not be copied, scanned, or duplicated, in
whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a
password-protected website for classroom use.
# 2014 Cengage Learning. All Rights Reserved. May not be copied,
scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom
use.11111#Learning Objectives1.Explain the function of the
courts.2.Explain the relationships of the various courts in our
society.3. Describe the procedure for filing a lawsuit. # 2014
Cengage Learning. All Rights Reserved. May not be copied, scanned,
or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or
otherwise on a password-protected website for classroom
use.2#Learning Objectives4. Describe the basic procedure for a jury
trial.# 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for use
as permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom
use.3# 2-1 Function of CourtsFunctions of the court system: To
interpret the law. To apply the law.If a conflict arises between a
state statute and a federal statute, Federal statute takes
precedence.
# 2014 Cengage Learning. All Rights Reserved. May not be copied,
scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom
use.4#2-2 Jurisdiction of CourtsThe power or authority of a court
to hear cases is called its jurisdiction.Courts must have
jurisdiction over the subject matter of the case and jurisdiction
over the persons involved. # 2014 Cengage Learning. All Rights
Reserved. May not be copied, scanned, or duplicated, in whole or in
part, except for use as permitted in a license distributed with a
certain product or service or otherwise on a password-protected
website for classroom use.5#2-2 Jurisdiction of CourtsLong-arm
statutes are laws allowing a state to have jurisdiction over
nonresidents.
# 2014 Cengage Learning. All Rights Reserved. May not be copied,
scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom
use.6#2-2 Jurisdiction of Courts2-2A Venue.The proper location
where a case is to be tried. Requires choosing the proper court.The
right to a particular venue can be surrendered. In criminal cases
venue is frequently changed by the court to try to give the
defendant a fairer trial.# 2014 Cengage Learning. All Rights
Reserved. May not be copied, scanned, or duplicated, in whole or in
part, except for use as permitted in a license distributed with a
certain product or service or otherwise on a password-protected
website for classroom use.7#2-3 Classification of Courts2-3A
Federal Courts.1. Special Federal Courts.2. Federal District
Courts.3. Federal Courts of Appeal.4. The United States Supreme
Court.
# 2014 Cengage Learning. All Rights Reserved. May not be copied,
scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom
use.8#2-3 Classification of Courts2-3A Federal Courts.
U. S. Supreme CourtDecisions are binding to all other courts.U.
S. Court of AppealsSpecial Federal CourtsFederal District Courts#
2014 Cengage Learning. All Rights Reserved. May not be copied,
scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom
use.9#2-3 Classification of Courts2-3B State Courts.1. Inferior
Courts.2. Courts of Original General Jurisdiction.3. Appellate
Courts.4. Special Courts.
# 2014 Cengage Learning. All Rights Reserved. May not be copied,
scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom
use.10#2-3 Classification of Courts2-3B State Courts.
State Supreme CourtState Courts of AppealsState Courts of
Original JurisdictionInferior CourtsSmall Claims# 2014 Cengage
Learning. All Rights Reserved. May not be copied, scanned, or
duplicated, in whole or in part, except for use as permitted in a
license distributed with a certain product or service or otherwise
on a password-protected website for classroom use.11#2-4 Court
OfficersJudgeBailiffAttorney Clerk of CourtMarshal# 2014 Cengage
Learning. All Rights Reserved. May not be copied, scanned, or
duplicated, in whole or in part, except for use as permitted in a
license distributed with a certain product or service or otherwise
on a password-protected website for classroom use.12#2-5 Procedure
in Courts of Record2-5A Filing Suit in a Civil Action.1. Filing
Suit.2. Notice of Suit (summons and process).3. Response.4.
Discovery.5. Fact-Finding.
# 2014 Cengage Learning. All Rights Reserved. May not be copied,
scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom
use.13#2-5A Filing Suit in aCivil ActionFiling of
suitSummonsDefendantadmits chargesDefendantdenies
chargesDiscoveryTrial# 2014 Cengage Learning. All Rights Reserved.
May not be copied, scanned, or duplicated, in whole or in part,
except for use as permitted in a license distributed with a certain
product or service or otherwise on a password-protected website for
classroom use.14#2-5 Procedure in Courts of Record2-5B Trial
Procedure.1. Jury selected and sworn in.2. Plaintiffs attorney
makes opening statement, then defense attorney.3. Plaintiff
presents evidence, then defense..4. Each side has a closing
statement summarizing evidence.
# 2014 Cengage Learning. All Rights Reserved. May not be copied,
scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom
use.15#2-5 Procedure in Courts of Record2-5B Trial Procedure.5. The
judge instructs the jury. The judge determines the law of the case,
the jury determines the facts.6. The jury adjourns to reach a
verdict. Unless the judge sets the verdict aside (rare), a judgment
is entered in accord with the verdict.
# 2014 Cengage Learning. All Rights Reserved. May not be copied,
scanned, or duplicated, in whole or in part, except for use as
permitted in a license distributed with a certain product or
service or otherwise on a password-protected website for classroom
use.16#2-5B Trial ProcedureJury selectionOpening
statementsPlaintiffs evidenceDefendants evidenceSummary of
evidenceJudges rulingJurys verdict# 2014 Cengage Learning. All
Rights Reserved. May not be copied, scanned, or duplicated, in
whole or in part, except for use as permitted in a license
distributed with a certain product or service or otherwise on a
password-protected website for classroom use.17#2-5 Procedure in
Courts of Record2-5C Appeals.Either plaintiff or defendant can
appeal.Appeals court usually only accepts transcript of the trial
and evidence admitted by the trial court.The appeals court can
agree with the lower court (affirm) or disagree (reverse).# 2014
Cengage Learning. All Rights Reserved. May not be copied, scanned,
or duplicated, in whole or in part, except for use as permitted in
a license distributed with a certain product or service or
otherwise on a password-protected website for classroom use.18#2-6
Procedure inSmall Claims CourtUsually less formal, no
transcript.Without a jury, only a judge. Usually no attorneys
allowed.Judge may ask questions directly of both sides.Parties may
appeal to court of record.# 2014 Cengage Learning. All Rights
Reserved. May not be copied, scanned, or duplicated, in whole or in
part, except for use as permitted in a license distributed with a
certain product or service or otherwise on a password-protected
website for classroom use.19#
