Chapter 3 Court Systems

3-1 Forms of Dispute Resolution

Focus People

• Anthony works as a junior designer at a large fashion house called Berentinos. After two years on the job, Anthony learns that his co-worker Sarah earns 35 percent more than he does. Anthony and Sarah were hired at the same time and have exactly the same job. Anthony has five more years experience in the field than Sarah does. Anthony discussed his concern with a colleague. Tom commented that such discrimination against males has long been the rule at Berentinos. Anthony loves his work but cant help feeling he is being treated unfairly.

HOT DEBATE

• What other alternatives can Anthony utilize other than filing suit in court?

• Does Anthony have a duty to anyone, legally or morally, to bring a lawsuit instead?

DISPUTES RESOLVED WITHOUT COURT

• Litigate – Taking disputes to court to decide outcome.

• Person hired to settle disputes (mediator)Only advisory (not final)(less expensive)

• Arbitrator – His/her decision is binding

What’s Your Verdict??

• Why do you think arbitration is a good/bad idea?

• Would you use arbitration if you had to settle a dispute?

• Would mediation be a better or worse idea?

Mediation

• The current cost of the mediator generally runs between $150.00 to $200.00 per hour, which is split by the parties.

• Mediation is highly effective, and while it has been under-utilized for quite some time, it has now become a permanent part of the litigation landscape. The use of pre-litigation mediation will no doubt become common place.

• family disputes, such as child custody.

SETTLE DISPUTES

• Court – Decide disputes with individuals and criminal cases. Impose punishmentsFollow proper procedures to ensure reliable

• http://www.ehow.com/video_4984600_arbitration-work-insurance-settlements.html

• http://www.caseclosure.com/?gclid=CJuc1-LKo50CFeRL5Qod4Vck2A

• http://www.ehow.com/video_4984607_what-binding-arbitration.html

TRIAL COURT

• Hears both sides of case, decides on a verdict

• This court has original jurisdiction over the case.

• Judge, lawyers, clerks, sheriffs, bailiffs and jury• Clerks- Keep judge schedule, runs the show• Bailiff- Marshall, keeps order

THE JUDGE!!

TWO LAWYERS GOING AT IT

BALIFFS OF THE COURT

ANOTHER BALIFF

APPELLATE COURT

• Looks only at the error of the law

• Transcript, briefs- Judge listens to attorneys oral arguments.

• This court can affirm, reverse, amend or remand decision from trial court.

APPELATE COURT

• No presentation of new evidence.• Considers only transcript of proceeding• Do not make determination of facts• Can throw out jury’s decision (improperly

obtaining evidence)• No witnesses

• http://www.appellatelawyercalifornia.com/id70.html