2.

Law for Business, 17e

by Ashcroft and Ashcroft

Chapter 2:
Courts and Court
Procedure

Law for Business, 17e, by Ashcroft and Ashcroft, © 2011 Cengage Learning
 2.2

Chapter 2 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.
 2.3

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
 2.4

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 allowing
a state to have jurisdiction over
nonresidents.
 2.5

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.
 2.6

Federal Court System

U. S. Supreme Court
Decisions are binding to all other courts.

U. S. Court of Appeals

Special Federal Courts Federal District Courts

 2.7

State Court System

State Supreme Court

State Courts of Appeals

State Courts of Original Jurisdiction

Inferior Courts Small Claims

 2.8

Court Officers

Judge Bailiff

Marshal

Clerk of Court Attorney

 2.9

Procedures in
Courts of Record

Filing of suit

Summons

Defendant Defendant
admits charges denies charges

Discovery

Trial
 2.10

Trial Procedure

Jury selection

Opening statements

Plaintiff’s evidence Defendant’s evidence

Summary of evidence

Judge’s ruling Jury’s verdict

 2.11

The End !

Do you have any

questions?

Law for Business, 17e, by Ashcroft and Ashcroft, © 2011 Cengage Learning