Dispute Resolution Chapter 2

Judicial Review Marbury v. Madison –Establishes the idea of judicial review

Jurisdiction –The authority of a court to hear and decide a case –In personam Generally a court can exercise jurisdiction over a resident of its own state of domicile –Minimum Contacts and long arm statutes Harm or wrong happens with in the state A corporation is involved and does business within that state –In rem jurisdiction – property in question is located with in the state

Jurisdiction over subject matter Probate courts –Only hear cases dealing with the transfer of assets upon death Tax Court –Only hear cases dealing with tax related matters Bankruptcy Courts –Only handles cases that involve bankruptcy proceedings Small Claims Court –Civil matter under a certain dollar amount - 5K in Iowa. No Jury and No Lawyers

Subject Matter Jurisdiction A court has original jurisdiction if it hears cases for the first time –Does the Supreme Court have original jurisdiction? A court has appellate jurisdiction if it reviews the case on appeal.

Problems Problem 2-2 Problem 2-4

Federal Jurisdiction Federal Courts have original jurisdiction in cases involving: the U.S. Constitution, an act of Congress, & treaties. Diversity of Citizenship –Citizens of different states –A foreign country and a citizen of a state –Citizens of a state and citizens of a foreign country 75K+ must be in dispute

More Jurisdiction Concurrent jurisdiction – two or more courts have jurisdiction –Cases involving federal questions –Cases involving diversity of citizenship Exclusive Federal Jurisdiction –Patents, copyrights, federal antitrust and federal bankruptcy Exclusive State Jurisdiction –All matters not subject to federal jurisdiction

Jurisdiction in Cyber Space Sliding Scale –Substantial business conduct over the internet Eg. Netflix contract –Some interactivity through the internet Eg. Sign up for a free brochure –Passive advertising Pop ups. –Which category subjects a defendant to jurisdiction?

International Jurisdiction Don’t use unless foreigner is involved!!!!!!!! Territorial – crime happens with the sovereign nation’s territory Universal Jurisdiction – Crime against humanity happens so any nation has the right to exercise jurisdiction Extraterritorial jurisdiction – a nation can prosecute its nationals for crimes committed abroad Nationality principle – A nation can exercise jurisdiction when its national is harmed abroad.

Question Jack Ripper was found in Germany and arrested. Jack had raped and killed almost 25 girls under the age of 20. Ten were killed in Canada. All ten were Canadian citizens. 15 were killed in the United States. 10 of these girls were U.S. citizens. 3 were from Mexico and 2 were from France. All five had proper visas. Which countries will have jurisdiction to try Jack?

Elements Necessary To Determine In A Case Venue – the geographic district in which an action is tried and from which the jury is selected Standing to Sue – Does the plaintiff have a sufficient stake in the controversy? Justicable Controversy – A controversy that is not hypothetical or academic but real and substantial

Supreme Court Cases Writ of Cert – higher court asks lower court for record so that it can hear case Rule of Four –Four justices of the S. Ct. must approve grant of cert for a case before it can be heard.

Alternative Dispute Resolution Negotiation –The parties to a lawsuit try to negotiate a settlement with or without lawyers –99% of all cases are settled Mediation –The parties to a lawsuit bring in a neutral third party who tries to find common ground between the two parties

ADR Continued Arbitration –Also uses a neutral third party but with arbitration the settlement is usually binding –Often contracts have arbitration clauses –Still may have to file a claim in court to compel arbitration

Other Types of ADR Early Neutral Case Evaluation –A third party evaluates the weaknesses and strengths of each party and this analysis becomes the basis for a negotiation Mini Trial – Private trial between each sides often with a neutral advisor present Summary Jury Trial – a mini trial in court complete with jury but the decision is not binding