Chapter 4Business Law

Enforcing the LawNumber 1

◦Is Ed bound by a third party decision?

Number 2◦Should Walter pay the money?◦Should Olivia sue, even though she

could make more money working?Number 3

◦How could Whipple get her money?

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How can disputes be resolved privately

Litigation-to take a dispute to courtMediator-an independent third party

who tries to develop a solution acceptable to both sides of the dispute◦Mediators give advise and the parties are

not bound by the decisionArbitrator-Some one that makes a

decision that is binding on parties in a dispute◦An informal hearing is held and the

decision binds both parties

What is a courtCourt is a tribunal established to

administer justice under the law.◦Courts decide civil disputes and

criminal cases

Continued….Trial Courts-This is the first court to hear a

dispute. ◦ The words court and judge mean the same thing.

Appellate Courts-reviews decisions of trial courts when a party claims an error was made during the trial. ◦ Correct errors of Law◦ Correct errors of Fact◦ Don’t hear witnesses

Jurisdiction-is the authority to decide types of cases. Courts vary in Jurisdiction◦ Ex. Juvenile and small claim courts

What is our system of courtsFederal Courts

◦ The Supreme Court is composed of nine judges, are appointed by the president, and serve for life.

◦ The Supreme Court’s Decision about federal constitutional law are always final.

◦ The Supreme Court deals with the Federal Constitutional Law

State and Local Courts◦ State and local courts are organized into the

following: A supreme court Trial Courts Courts of limited Jurisdiction

See Figure 4-2, Page 70

See Figure 4-1, Page 69

United States Supreme Court

13 United States Courts of Appeals(12 Circuit Courts)

(1 Court of Appeals for the Federal Circuit)

State Supreme Courts

Main Federal Agencies

Specialized Federal Courts

United States District Courts

Federal Courts

Small Claims CourtsSmall Claims Courts

◦Deal with civil actions for small amounts, typically up to $3,000

◦There are no attorneys◦Are conducted informally, quickly,

and economically

Juvenile CourtsJuveniles are persons under the age of majority

and are often called minors◦ The age of majority is often 18 years of age

Juveniles may be transferred to a trial court for certain crimes such as murder.◦ Transfer can be made if it can be determined that the

minor had the maturity and moral perception To distinguish between right and wrong To understand the legal consequences of her or his acts.

Juvenile Courts are meant to:◦ Provide guidance and rehabilitation◦ Protect minors from own immaturity

What is the procedure in a criminalDefendants have a CONSTITUTIONAL

right to a trial by JURY, a right to an Attorney, and do not need to testify against themselves

Criminal Action-is a lawsuit brought by the state (the people) against a person accused of a crime.◦The defendant is always presumed

innocentProof beyond a reasonable doubt-a

standard of proof in which the vast majority of the evidence supports the guilty verdict (90%)

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What is the procedure in a civil action

Involves 2 parties◦ Plaintiff-the party

who brings a civil action to enforce a private right

◦ Defendant-the party against the civil action

See Figure 4-3, Page 73◦ Complaint◦ Summons◦ Answer◦ Discovery

Procedures Deposition

◦ Pretrial◦ Trial◦ Verdict

How is a civil case triedJudges always

decide any issues of law

Jury is a body of impartial citizens (12)

Opening Statements

EvidenceTestimonyWitnessExpert WitnessClosing

Statements

Civil V.s. CriminalCivil Case

◦ Proof by a preponderance of the evidence or majority of jurors

Criminal Case◦ Proof beyond a

reasonable doubt

How is a Judgment SatisfiedWrit of Execution-is the process

by which a judgment for money is enforced.