Presentation on theme: "Courts and Alternative Dispute Resolution"— Presentation transcript:
1Courts and Alternative Dispute Resolution Chapter 3
2JurisdictionThe authority of a court to hear and decide a specific actionjuris = “law” + diction = “to speak”.The “judicial power” or authority to act.
3Judicial ReviewCourts decide on the constitutionality of legislative and executive actionsMarbury v. Madison (page 66)
4Personal Jurisdiction Personal (or in personam) jurisdiction primarily is based on geography.Courts have personal jurisdiction over persons residing and/or doing business within a particular county, district, or state.
5Personal Jurisdiction Long-Arm Statutesnonresidents of a statesubject to courts in other statebased on “minimum contacts”See example 3.3 (page 67)
6Personal Jurisdiction “Where” is business on the internet located?“Sliding Scale Test”Substantial business conducted within stateSome interactivityPassive advertising
7Subject Matter Jurisdiction The authority of a court to hear and decide the particular dispute before it.A court’s subject matter jurisdiction is usually defined in the statute or constitution creating the court.
8Subject Matter Jurisdiction Limits to a trial court’s subject matter jurisdiction:The amount in controversyThe subject of the lawsuitWhether the crime alleged is a misdemeanor or felony
9Subject Matter Jurisdiction Concurrent Jurisdiction - When one or more federal court and one or more state court have subject matter jurisdiction over the same dispute.
10Jurisdiction of Federal Courts Federal district courts have two types of subject matter jurisdiction:Federal question jurisdictionDiversity jurisdiction
11Jurisdiction of Federal Courts Federal Question JurisdictionArises if a case involves an alleged violation of the U.S. Constitution, federal statute or regulation, or a treaty.
12Jurisdiction of Federal Courts Diversity Jurisdiction:The amount in controversy exceeds $75,000; andThe lawsuit is between citizens of different states or citizens of a state and citizens of a foreign country.
14Structure of Federal Courts and Most State Court Systems Supreme CourtCourts of AppealsDistrict Courts
15Original Jurisdiction The authority of a court to hear and decide a dispute in the first instance.Generally speaking, trial courts are courts of original jurisdiction, although the Supreme Court of the United States has original jurisdiction over a few types of disputes.
16Appellate Jurisdiction The authority of a court to review a prior decision in the same case made by another court.The decision is binding on that court and any court below it.
17Appellate Jurisdiction Appellate courts do not:have a witness standhave a jury boxhear any new testimonyadmit any new evidence
18Appellate Jurisdiction The party that loses before an intermediate appellate court may appeal that court’s ruling to the jurisdiction’s supreme court or its equivalent.However, supreme court review is optional by the supreme court.
19U. S. Courts of Appeals and U. S. District Courts
21VenueWithin a particular jurisdiction, the most appropriate location for a trial to be held and from which a jury will be selected.
22Standing to Sue Standing An individual must have a legal and tangible stake in the controversyJusticiable controversyThe controversy must be actual (the courts will not decide a hypothetical situation)
23Stages of a Lawsuit: Pleadings Written documents that inform each of the parties of one another’s claims and defenses and specify the issues involved in the lawsuit.
24Stages of a Lawsuit: Pleadings Plaintiff’s Complaint or Petition - sets forth the claims asserted by the plaintiff—the party seeking affirmative relief.
25Stages of a Lawsuit: Pleadings Defendant’s AnswerResponds to the claims set forth in the Complaint or PetitionAsserts affirmative defensesAsserts counterclaims
26Stages of a Lawsuit: Pleadings If the Defendant does not answer within the time allotted by the applicable rules, the Plaintiff may seek a default judgment.
27Stages of a Lawsuit: Discovery Discovery is the process of obtaining factual information from the opposing party or parties by means of written responses to interrogatories and requests for admission, requests for production of documents, and depositions.
28Stages of a Lawsuit: Discovery Requests for Production - written requests for documents relevant to the lawsuit (materials can be both hard copy and electronic compilations)
29Stages of a Lawsuit: Discovery Requests for Admissions - questions phrased in an “admit” or “deny” format, giving no opportunity for explanation, and binding the responding party to its admissions.
30Stages of a Lawsuit: Discovery Interrogatories - written questions related to the subject matter of the lawsuit which must be answered under oath.
31Stages of a Lawsuit: Discovery Depositions - testimony, under oath, recorded by a court reporter and often by videotape taken prior to trial.
32Stages of a Lawsuit: Motions Motion for Summary Judgment - a motion requesting the court to enter judgment, based on the pleadings and discovery to date.Granted only if there are no material fact issues in dispute or “questions of fact”.
33Stages of a Lawsuit: Trial Trial may be with or without a jury.In a bench trial, the trial judge decides all questions of fact and questions of law.In a jury trial, the trial judge decides all questions of law, but the jury decides all questions of fact.
34The Stages of a Lawsuit: Trial Jury Selection - “Voir Dire”the process in which attorneys question prospective jurors to determine whether they are biased or have any connection with a party or the action or with a prospective witness.
35The Stages of a Lawsuit: Trial Opening StatementsThe Plaintiff gets to beginThe Defendant may proceed next or wait until prior to the Defendant’s case.
36The Stages of a Lawsuit: Trial Plaintiff’s Case PresentationPlaintiff gets to begin its case firstPlaintiff conducts direct examination of each witnessDefendant may cross examine each witnessPlaintiff “rests”
37The Stages of a Lawsuit: Trial Defendant’s Case PresentationDefendant calls its first witness after completion of the Plaintiff’s caseDefendant conducts direct examination of each witnessPlaintiff may cross examine each witnessDefense “rests”
38The Stages of a Lawsuit: Trial Motion for Directed Verdict - In a jury trial, a motion for the judge to take the decision out of the jury’s hands and directs a verdict for the moving party because the other party has failed to provide sufficient evidence to prevail on its claims.
39The Stages of a Lawsuit: Trial Closing ArgumentsPlaintiff has right to open and closeEqual time allotted each party
40The Stages of a Lawsuit: Trial Verdict by the Jury (if a jury trial)
41The Stages of a Lawsuit: Trial JudgmentIn a jury trial, the judge will grant judgment based upon the jury’s verdict.In the absence of a jury, the judge simply grants the judgment on its own.
42The Stages of a Lawsuit: Trial Judgment Notwithstanding the Verdictknown as a “(Judgment N.O.V.” for Judgment non obstante verdictoa motion for the court to enter judgment contradictory to the jury’s verdict.based on “reasonable minds could not differ” concept
43The Stages of a Lawsuit: Appeal An appeal asks an appellate court with jurisdiction over the trial court to review and set-aside the trial court’s judgment.
44The Stages of a Lawsuit: Appeal What is filed with the appellate court?A transcript of the pleadings, motions, hearings, and trial before the trial court, andA brief outline of the legal arguments supporting the appellant’s request to set aside the judgment.
45The Stages of a Lawsuit: Appeal Possible Appellate Rulings:Affirm the trial court’s judgmentReverse the trial court’s judgment based on “reversible error” and remand the case for further proceedings in the trial courtReverse the trial court’s judgment based on “reversible error” and render a new judgment without any need for further proceedings by the trial court.
46The Stages of a Lawsuit: Appeal Supreme Court ReviewDiscretionary Review (Writ of Certiorari)Rule of FourPetitions GrantedUsually: -Important Constitutional Question-Conflict with other state or federal decisions
47Alternative Dispute Resolution Alternative Dispute Resolution (or “ADR”) is a variety of methods that seek to resolve disputes without resorting to a costly jury trial.
48Alternative Dispute Resolution Negotiation - between the parties directly, with or without attorneys.
49Alternative Dispute Resolution Mediation - Non-binding procedure utilizing the services of a neutral third party to assist negotiations.
50Alternative Dispute Resolution Arbitration - A binding form of mediation utilizing either one person or a panel of persons chosen by the court or agreed to by the parties (or both).
51Traditional and Online Dispute Resolution End of Chapter 3