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2-1 Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin.

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Presentation on theme: "2-1 Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin."— Presentation transcript:

1 2-1 Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin

2 2-2 1 The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking Foundations of American Law P A R T

3 2-3 The Resolution of Private Disputes PA E TR HC 2 “In case of dissension, never dare to judge till you have heard the other side.” Euripides

4 2-4 Learning Objectives Identify sources and types of law Identify the law that takes precedence when two types of laws conflict Differentiate criminal law from civil law Differentiate schools of jurisprudence Describe the role of precedent (stare decisis) Explain major techniques of statutory interpretation

5 2-5 The United States has a federal court system and each state has a court system A Court is established by a government to hear and decide matters before it and redress past or prevent future wrongs Jurisdiction (the power to hear and speak) may be original (trial) or appellate (reviews trial court) The U.S. Judicial System

6 2-6 General jurisdiction courts (i.e., trial courts) hear most types of cases –Levels generally classified according to dollar amount of damages or location –Examples: county courts, district courts Limited jurisdiction courts hear specialized types of cases; appeals from decisions often require new trial in general jurisdiction court –Examples: traffic court, tax court, family court General vs. Limited Jurisdiction

7 2-7 Subject-matter jurisdiction refers to a court’s authority to hear a particular type of dispute Courts of criminal jurisdiction hear trials of crimes and misdemeanors –Offenses against the public at large Courts of civil jurisdiction hear and decide issues concerning private rights and duties (e.g., contracts, torts), and non-criminal public matters (e.g., zoning, probate) Subject-Matter Jurisdiction

8 2-8 Besides subject-matter jurisdiction, court must have either in personam or in rem jurisdiction In personam jurisdiction requires that defendant be resident of, located within, or acted within physical boundaries of the court’s authority In rem jurisdiction applies when property that is the subject of the dispute is located within physical boundaries of the court’s authority In Personam or In Rem Jurisdiction

9 2-9 Federal courts must have jurisdiction based on diversity or federal question Diversity jurisdiction exists when the dispute is between citizens of different states and amount in controversy exceeds $75,000 Federal question jurisdiction exists when the dispute arises under the Constitution, laws, or treaties of the United States Federal Court Jurisdiction

10 2-10 Civil Procedure A set of rules establishing how a lawsuit proceeds from beginning to end In an adversarial system, the plaintiff bears the burden of proof to prove his/her case by a preponderance of the evidence Once plaintiff has made a prima facie case (i.e., proved the basic case), the burden of proof may shift to defendant

11 2-11 Plaintiff’s complaint or petition plus the defendant’s answer or response are known as the pleadings Defendant may enter a counterclaim against plaintiff or cross-complaint against 3 rd party Other parties may enter the case Motion practice begins Civil Pre-Trial Procedure

12 2-12 Discovery: Obtaining evidence from other party through interrogatories, requests for admissions, requests for documents, and depositions –Discovery process can be a battleground –See Allstate Indemnity Co. v. Ruiz Pretrial Conference: Where judge will hear and rule on many evidentiary issues, discovery disputes, and other concerns Civil Pre-Trial Procedure

13 2-13 Jury Selection –Voir Dire or Jury Questioning Opening Statement from each party Civil Trial Procedure

14 2-14 Plaintiff’s case through direct examination of witnesses (defendant performs cross- examination) and defendant’s case through direct examination (and plaintiff’s cross-examination) Closing argument or summation from each party Jury verdict Civil Trial Procedure

15 2-15 Trial motions include: motions in limine (motion to limit evidence), voluntary non- suit or dismissal (drop the case), motion for compulsory non-suit or summary judgment After summation or closing argument, a party may move for a mistrial (injustice or overwhelming prejudice) or directed verdict (weight of evidence leads to only one conclusion) Civil Trial Procedure

16 2-16 Trier of Fact sees material evidence (physical objects, documents), hears testimony of witnesses (who provide factual evidence), and decides outcome of the case based on facts; trier of fact may be judge or jury Matters of law are issues not of fact, but of law; matters of law decided only by a judge –E.g., whether a statute means X or Y, or one law or another applies to the facts Civil Trial Procedure

17 2-17 After jury verdict, a party may make a motion for new trial, judgment non obstanto verdicto (notwithstanding the verdict) or remittitur (defendant requests judge to reduce amount of damages the jury recommended) After a judgment has been entered: –Losing party may appeal decision to higher court –Winning party must have the judgment executed (carried out) to obtain money, property, or action ordered by the court Civil Post-Trial Procedure

18 2-18 Alternate Dispute Resolution Arbitration: dispute settled by one or more arbitrators selected by the parties to a dispute; relatively formal; Uniform or Federal Arbitration acts typically used Mediation: parties choose neutral party to aid resolution of dispute Reference to Third Party: dispute resolution by rent-a-judge, minitrial, summary jury trial, or association tribunal

19 2-19 Thought Question If you were served with a lawsuit, what would you do about it?


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