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