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Chapter 2 Judicial and Alternative Dispute ResolutionPowerPoint Slides to accompany THE LEGAL ENVIRONMENT OF BUSINESS AND ONLINE COMMERCE 4E, by Henry R. Cheeseman Chapter 2 Judicial and Alternative Dispute Resolution Prentice Hall © 2005
Two Major Court SystemsFederal court system Court systems of the 50 states and the District of Columbia Prentice Hall © 2005
Forms of Dispute ResolutionLitigation—the process of bringing, maintaining, and defending a lawsuit Alternative dispute resolution—non-judicial dispute resolution Prentice Hall © 2005
State Court Systems Limited-jurisdiction trial courtsCourts that hear matters of specialized or limited nature Small claims courts are a good example of this General-jurisdiction trial court Courts that hear cases of a general nature that are not within the jurisdiction of limited-jurisdiction trial courts Prentice Hall © 2005
State Court Systems Intermediate appellate courts Highest state courtCourts that hear appeals from trial courts Highest state court The highest court in a state system Hears appeals from intermediate state courts and certain trial courts Prentice Hall © 2005
Sample State Court SystemPrentice Hall © 2005
Special Federal CourtsUS Tax Court US Claims Court US Court of International Trade US Bankruptcy Court Prentice Hall © 2005
US District Courts District courts are the federal court system’s trial courts of general jurisdiction Presently, there are 96 district courts Prentice Hall © 2005
US Courts of Appeals US Courts of Appeals are the federal court system’s intermediate appellate courts There are 13 courts of appeals Prentice Hall © 2005
US Supreme Court Created by Article III of the US ConstitutionHighest court in the US Located in Washington, DC Composed of nine justices who are nominated by the president and confirmed by the Senate Types of decisions: Unanimous Majority Plurality Tie Prentice Hall © 2005
Federal Court System Prentice Hall © 2005
Jurisdiction of Federal and State CourtsPrentice Hall © 2005
Jurisdiction of CourtsStanding to sue—the plaintiff must have some stake in the outcome of the lawsuit Jurisdiction—the authority of a court to hear a case In personam jurisdiction—jurisdiction over the parties to a lawsuit In rem jurisdiction—jurisdiction to hear a case because of jurisdiction over the property involved in the lawsuit Quasi in rem jurisdiction—jurisdiction allowed a plaintiff who obtains a judgment in one state to try to collect the judgment by attaching property of the defendant located in another state Prentice Hall © 2005
Long-Arm Statutes Long-arm statute—a statute that extends a state’s jurisdiction to nonresidents who were not served a summons within the state Forum-selection clause—contract provision that designates a certain court to hear any dispute concerning nonperformance of the contract Prentice Hall © 2005
Pleadings Complaint—the document the plaintiff files with the court and serves on the defendant to initiate a lawsuit Summons—a court order directing the defendant to appear in court and answer the complaint Answer—the defendant’s written response to the plaintiff’s complaint that is filed with the court and served on the plaintiff Prentice Hall © 2005
Statute of LimitationsStatute of limitations—a statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant Prentice Hall © 2005
Discovery Discovery—a legal process during which both parties engage in various activities to discover facts of the case from the other party and from witnesses prior to trial Prentice Hall © 2005
Dismissals and Pretrial JudgmentsMotion for judgment on the pleadings—motion that alleges that if all the facts presented in the pleadings are taken as true, the party making the motion would win the lawsuit when the proper law is applied to these asserted facts Motion for summary judgment—motion that asserts that there are no factual disputes to be decided by the jury; if so, the judge can apply the proper law to the undisputed facts and decide the case without a jury Prentice Hall © 2005
Phases of a Trial Jury selection Opening statement Plaintiff’s caseDefendant’s case Rebuttal and rejoinder Closing arguments Jury instructions Jury deliberations Verdict Entry of judgment Prentice Hall © 2005
The Appeal In a civil case, either party can appeal the trial court’s decision once a final judgment is entered In a criminal case, only the defendant can appeal An appellate court will reverse a lower court decision if it finds an error of law in the record It will generally not reverse a finding of fact Prentice Hall © 2005
Types of Alternative Dispute Resolution (ADR)Arbitration Conciliation Fact finding Judicial referee Mediation Minitrial Prentice Hall © 2005
Arbitration Arbitration is a form of ADR in which parties choose an impartial third party to hear and decide the dispute Many contracts require that disputes arising out of the contract be submitted to arbitration Prentice Hall © 2005
Mediation and ConciliationA form of ADR in which the parties choose a neutral third party to act as the mediator of the dispute Conciliation A form of mediation in which the parties choose an interested third party to act as the mediator Prentice Hall © 2005
Minitrial A minitrial is a session, usually lasting a day or less, in which the lawyers for each side present their cases to representatives of each party who have authority to settle the dispute Prentice Hall © 2005
Fact-Finding Fact-finding is a process where the parties hire a neutral person to investigate the dispute The fact-finder reports his findings to the adversaries and may recommend a basis for settlement Prentice Hall © 2005
Judicial Referee If the parties agree, the court may appoint a judicial referee, often a retired judge, to conduct a private trial and render a judgment Prentice Hall © 2005
Chapter 4: Enforcing the Law 4 How Can Disputes Be Resolved Privately?
Q UINCY COLLEGE Paralegal Studies Program Paralegal Studies Program Litigation & Procedure Introduction To Litigation Litigation & Procedure Introduction.
Alternative Dispute Resolution ◙ Negotiation Parties make offers and counter-offers for settlements. May be face-to-face or through lawyers. ◙ Mediation.
© 2007 Prentice Hall, Business Law, sixth edition, Henry R. Cheeseman Chapter 3 Litigation and Alternative Dispute Resolution Chapter 3 Litigation and.
Courts and Alternative Dispute Resolution
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Vocabulary Indictment- Determines if there is enough evidence for a defendant to go to trial Arraignment- Defendant is officially informed of charges and.
Chapter 2: Court Systems and Jurisdiction
Foundations of American Law
CHAPTER 2. Learning Objectives State courts and their jurisdiction Federal courts and their jurisdiction Civil Procedure Alternative Dispute Resolution.
P A R T P A R T Foundations of American Law The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate.
Copyright © 2008 by West Legal Studies in Business A Division of Thomson Learning Chapter 2 The Court System and Dispute Resolution Twomey Jennings Anderson’s.
CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution
By Richard A. Mann & Barry S. Roberts
Slides developed by Les Wiletzky Wiletzky and Associates Copyright © 2006 by Pearson Prentice-Hall. All rights reserved. Traditional, Alternative, and.
Introduction to Legal Process in the United States (1) Sources of law (2) Court system (3) Judicial process Alan R. Palmiter – Jan
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Copyright © 2009 by Pearson Prentice-Hall. All rights reserved. PowerPoint Slides to Accompany CONTEMPORARY BUSINESS AND ONLINE COMMERCE LAW 6 th Edition.
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