Presentation is loading. Please wait.

Presentation is loading. Please wait.

Chapter 2 Judicial and Alternative Dispute Resolution

Similar presentations

Presentation on theme: "Chapter 2 Judicial and Alternative Dispute Resolution"— Presentation transcript:

1 Chapter 2 Judicial and Alternative Dispute Resolution
PowerPoint 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

2 Two Major Court Systems
Federal court system Court systems of the 50 states and the District of Columbia Prentice Hall © 2005

3 Forms of Dispute Resolution
Litigation—the process of bringing, maintaining, and defending a lawsuit Alternative dispute resolution—non-judicial dispute resolution Prentice Hall © 2005

4 State Court Systems Limited-jurisdiction trial courts
Courts 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

5 State Court Systems Intermediate appellate courts Highest state court
Courts 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

6 Sample State Court System
Prentice Hall © 2005

7 Special Federal Courts
US Tax Court US Claims Court US Court of International Trade US Bankruptcy Court Prentice Hall © 2005

8 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

9 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

10 US Supreme Court Created by Article III of the US Constitution
Highest 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

11 Federal Court System Prentice Hall © 2005

12 Jurisdiction of Federal and State Courts
Prentice Hall © 2005

13 Jurisdiction of Courts
Standing 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

14 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

15 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

16 Statute of Limitations
Statute of limitations—a statute that establishes the period during which a plaintiff must bring a lawsuit against a defendant Prentice Hall © 2005

17 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

18 Dismissals and Pretrial Judgments
Motion 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

19 Phases of a Trial Jury selection Opening statement Plaintiff’s case
Defendant’s case Rebuttal and rejoinder Closing arguments Jury instructions Jury deliberations Verdict Entry of judgment Prentice Hall © 2005

20 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

21 Types of Alternative Dispute Resolution (ADR)
Arbitration Conciliation Fact finding Judicial referee Mediation Minitrial Prentice Hall © 2005

22 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

23 Mediation and Conciliation
A 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

24 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

25 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

26 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

Download ppt "Chapter 2 Judicial and Alternative Dispute Resolution"

Similar presentations

Ads by Google