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S U M MARY Courts have been created to hear and resolve legal dis - putes. A court's specific power is defined by its juris
MARY
Courts have been created to hear and resolve legal dis
putes. A court's specific power is defined by its juris
diction. Courts of original jurisdiction are trial courts,
and courts that review the decisions of trial courts are
appellate courts. Trial courts may have general jurisdic
tion to hear a wide range of civil and criminal matters,
or they may be courts of limited jurisdictionsuch as
a probate court or the Tax Court with the subject
matter of their cases restricted to certain areas.
The courts in the United States are organized into
two different systems: the state and federal court sys
tems. There are three levels of courts, for the most
part, in each system, with trial courts, appellate courts,
and a supreme court in each. The federal courts are
federal district courts, federal courts of appeals, and
the US Supreme Court. In the states, there may be
specialized courts, such as municipal, justice, and small
claims courts, for trial courts. Within the courts of
original jurisdiction, there are rules for procedures in
all matters brought before them. A civil case begins
with the filing of a complaint by a plaintiff, which is
then answered by a defendant. The parties may be rep
resented by their attorneys. Discovery is the pretrial
process used by the parties to find out the evidence in
the case. The parties can use depositions, interroga
tories, and document requests to uncover relevant
information.
The case is managed by a judge and may be tried
to a jury selected through the process of voir dire, with
the parties permitted to challenge jurors on the basis of
cause or through the use of their peremptory chal
lenges. The trial begins following discovery and
involves opening statements and the presentation of
evidence, including the direct examination and cross
examination of witnesses. Once a judgment is entered,
the party who has won can collect the judgment
through garnishment and a writ of execution.
Alternatives to litigation for dispute resolution are
available, including arbitration, mediation, MedArb,
reference to a third party, association tribunals, sum
mary jury trials, rentajudge plans, minitrials, and the
use of ombudsmen. Court dockets are relieved and
cases consolidated using judicial triage, a process in
which courts hear the cases involving the most serious
medical issues and health conditions first. Triage is a
blending of the judicial and alternative dispute resolu
tion mechanisms. BASED on the text above answer three question. List the steps in a lawsuit. Begin with the fling of the complaint, and explain the points at which there can be a final determination of the parties' rights in the case. What is the difference between mediation and arbitration? Jerry Lewinsky was called for jury duty. When voir dire began, Jerry realized that the case involved his supervisor at work. Can Jerry remain as a juror on the case?Why or why not?
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