CONFLICT RESOLUTION (CHAPTER 3)

Negotiation- when 2 parties reach an agreement

Mediation- when a 3rd party helps reach an agreement between

conflicting parties

Arbitration- when a 3rd party makes a decision between conflicting

parties (legally binding)

Litigation- conflicting parties take their dispute to court

JURISDICTION- THE RIGHT FOR A COURT TO HEAR AND DECIDE A CASE

Original jurisdiction- court that has the right to try a case first (ex. Trial Court)

General jurisdiction- court that hears many types of cases (ex. Essex County Courthouse)

Limited jurisdiction- court that is restricted in the types of cases it can hear (ex. Livingston Municipal Court)

Special jurisdiction- court that hears only one type of case (ex. Divorce court, juvenile court)

JURISDICTION CONT’D:

Long arm statute- the right for a court to reach over state lines and bring a defendant back for trial

Change of venue- granted by a judge who believes the jury pool may be tainted

INQUISITORIAL SYSTEM

The judge(s) active in questioning and investigating Known as a Bench Trial (no jury) Examples include:

Court of Appeals Judge Judy

Pros ConsGets to the truth Subject to corruptionExpertise in Law

ADVERSARY SYSTEM

The judge acts as a referee between two opposing parties (Prosecution v. Defense) Trial by a jury

Pros ConsImpartial jury of peers Jurors are amateurs in the

face of lawJurors can be influenced by mediaJury does not give reasons for decision

PRE-TRIAL STEPS IN A CRIMINAL CASE

• Indictment- formally charged with a crime• Arraignment Hearing- judge reads the

charges to the defendant and defendant enters a plea (guilty or not guilty):– Releases the defendant on own recognizance

(ROR)Or– Sets bail if a flight riskOr– Sends back to jail if a danger to society

PRE-TRIAL STEPS IN A CRIMINAL CASE

Discovery phase- the time allotted for both parties to collect evidence, question witnesses and prepare for trial

Deposition- sworn testimony under oath by all parties involved. Can be used in court during trial

JURY SELECTION

How are we chosen?

Voter registrations

DMV records

Utility company lists

JURY SELECTION

Who is eligible? U.S. citizens 18+ Resident of the county Read & Write “Of sound mind”

Who is ineligible? Convicted felon Lacking any/all of the above

JURY SELECTION

Who is temporarily excused? Legal custody of minors under 10 Student Temporary physical, mental impairment Financial hardship

Reminder: an employer can not discriminate against an employee serving on jury duty

JURY SELECTION PROCESS

Known as “Voir Dire”- To speak the truth; Questioning of potential jurors

Challenge for Cause- removal of a potential juror with a valid reason (unlimited amount)

Peremptory Challenge- removal of a potential juror without a valid reason (usually 3-5 challenges for each side)

STEPS IN A TRIAL

• Opening statements by Prosecution• Opening statements by Defense• Direct Examination by Prosecution

– (all prosecution witnesses)• Cross Examination by Defense

– (all prosecution witnesses)• Motion to Dismiss- may be requested by

defense stating the prosecution failed to prove guilt

STEPS IN A TRIAL CONT’D

• Direct Examination by Defense– (all defense witnesses)

• Cross Examination by Prosecution– (all defense witnesses)

• Closing Arguments by Prosecution• Closing Arguments by Defense• Jury Deliberation• Verdict