1. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. Twomey & Jennings BUSINESS LAW Chapter 2 The Court System and Dispute Resolution Chapter 2 The Court System and Dispute Resolution

2. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 2 The Court System Courts hear disputes according to their jurisdiction. –General jurisdiction courts hear a wide range of matters. –Limited jurisdiction courts deal with cases restricted to certain subject matter. Courts hear disputes according to their jurisdiction. –General jurisdiction courts hear a wide range of matters. –Limited jurisdiction courts deal with cases restricted to certain subject matter.

3. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 3 Court Systems The courts in the United States are organized into the state and federal court systems, each (generally) with three levels: –trial courts. –appellate courts. –a supreme court. Supreme and appellate courts review the decisions of trial courts and either affirm, reverse or remand the lower court’s decision. The courts in the United States are organized into the state and federal court systems, each (generally) with three levels: –trial courts. –appellate courts. –a supreme court. Supreme and appellate courts review the decisions of trial courts and either affirm, reverse or remand the lower court’s decision.

4. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 4 The Federal Court System Review Supreme Court of the United States ( Highest appeals court; review from lower appeals courts is usually at the discretion of the Supreme Court) Federal District Courts Bankruptcy Court Tax Court Indian Tribal Court U.S. Courts of Appeals Circuit Courts – Jurisdiction by geographic area. Court of Appeals for the Federal Circuit – Nationwide jurisdiction by subject matter Specialty Courts

5. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 5 The State Court System State Supreme Court Possible Appeal to the United States Supreme Court State Court of Appeals General Trial Court (County, Circuit & Superior Court) Specialty Courts JuvenileProbateDomestic Relations City or Municipal (Traffic) Small Claims

6. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 6 Court Procedure Within the courts of original jurisdiction, there are rules for procedures in all matters. A civil case begins with the filing of a complaint by a plaintiff, which is served upon the defendant and then answered. Discovery is the pretrial process used by the parties to find out the evidence in the case (depositions, interrogatories, and document requests). Within the courts of original jurisdiction, there are rules for procedures in all matters. A civil case begins with the filing of a complaint by a plaintiff, which is served upon the defendant and then answered. Discovery is the pretrial process used by the parties to find out the evidence in the case (depositions, interrogatories, and document requests).

7. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 7 Trial Procedures The case is managed by a judge and may be heard by a jury. –Through the process of voir dire, the parties may challenge the selection of certain potential jurors. The trial involves opening statements, the presentation of evidence, and the direct and cross- examination of witnesses. Once a judgment is entered, the party who has won can collect the judgment through garnishment and a writ of execution. The case is managed by a judge and may be heard by a jury. –Through the process of voir dire, the parties may challenge the selection of certain potential jurors. The trial involves opening statements, the presentation of evidence, and the direct and cross- examination of witnesses. Once a judgment is entered, the party who has won can collect the judgment through garnishment and a writ of execution.

8. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 8 1.Complaint by plaintiff 2.Service of process on defendant 3.Defendant’s answer 4.Discovery 5.Motion for Summary Judgment (if no factual issues) 1.Complaint by plaintiff 2.Service of process on defendant 3.Defendant’s answer 4.Discovery 5.Motion for Summary Judgment (if no factual issues) Deny Counterclaim Admit Deny Counterclaim Admit Depositions Interrogatories Request for Production Depositions Interrogatories Request for Production Steps in Litigation

9. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 9 Steps in Litigation Trial a. Jury selection b. Opening statements. c. Plaintiff’s case. d. Motion for directed verdict. e. Defendant’s case. f. Summation. g. Jury instructions. h. Jury verdict or mistrial (deadlocked). i. Motion for new trial or judgment. j. Recovery - fees, execution, garnishment. voir dire. challenge for cause. peremptory challenge. Direct. Cross. Redirect. Recross.

10. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 10 Alternative Dispute Resolution Arbitration Reference to Referee Association Tribunal Summary Jury Trial Rent-a- Judge ADR Mediation Minitrial Use of Ombudsman

11. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 11 Alternative Dispute Resolution Arbitration – disputes are settled by arbitrators who take evidence and make a binding or non-binding decision. –Uniform Arbitration Act. –Federal Arbitration Act. Arbitration – disputes are settled by arbitrators who take evidence and make a binding or non-binding decision. –Uniform Arbitration Act. –Federal Arbitration Act. Green Tree Financial Corp v Randolph (2000) Is the arbitration clause binding?

12. © 2004 West Legal Studies in Business A Division of Thomson Learning BUSINESS LAW Twomey Jennings 1 st Ed. 12 Alternative Dispute Resolution Mediation – disputes are settled by the parties who use a third person to facilitate their settlement. Summary Jury Trial. Mini-trial. Ombudsman. Mediation – disputes are settled by the parties who use a third person to facilitate their settlement. Summary Jury Trial. Mini-trial. Ombudsman.