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Law For Business, 17e by Ashcroft and Ashcroft: Courts and Court Procedure

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Law for Business, 17e

by Ashcroft and
Ashcroft

Chapter 2:
Courts and Court
Procedure
Objectives

• Explain the function of the


courts.
• Explain the relationships of the
various courts in our society.
• Describe the procedure for
filing a lawsuit.
• Describe the basic procedure
for a jury trial.
The Court System

• Functions 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
Jurisdiction of Courts

• The 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.
• Long-arm statutes are laws
Venue

• Venue is the proper location


where a case is to be tried.
• Proper venue 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.
Federal Court
System
U. S. Supreme Court
Decisions are binding to all other courts.

U. S. Court of Appeals

Special Federal
Federal District Courts
Courts
State Court
System

State Supreme Court

State Courts of Appeals

State Courts of Original Jurisdiction

Inferior Courts Small Claims


Procedures in Courts
of Record

Filing of suit

Summons

Defendant Defendant
admits charges denies charges

Discovery

Trial
Trial Procedure

Jury selection

Opening statements

Plaintiff’s Defendant’s evidence


evidence

Summary of evidence

Judge’s
Jury’s verdict
ruling
The End !

Do you have any


questions?

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