Business Law Lecture Notes Chapter 3: Civil Dispute Resolution

Business Law 1-Lecture Noteschapter 3: civil Dispute ResolutionMain TOPiCSThe court system (federal & state)and Junisdictionsubject matter jurishjurisd. over the partiescivil Dispute Resolutioncivil procedure & alternative dispute resolutionThe court systemsFederal courtsfor FederalU.S. court of appealsU.S. supreme courtc COUR of Federal claimsUS District courts us court of appealsBa an many administrative agencies I-District courts: trial courts of general juristiction for federal system-court of appeals: hear appeals from DC-supreme court: highest court, reviews Fexeral courts of Appealsand highest State courts- special courts : jurisdiction in area of Federal lawUS court Fed claims, Tax courtState courts-inferior Trial courtsminor criminal cases- trial courts (general jurisdiction civil 8 criminal)- appellate courtsinferior Trial courtsTrial courtsIntermediateState supremespecial courtsAppellate courtcourtJurisdictionpower of court to hear and decide given case- subject matter jurisdiction court can judge a controversy ofparticular kind of case subject Matter JurisdictionExclusive Federal JurisdictionIf congress so provides, eithe explicitly or implicityconcurrent Federal Jurisdictionconcurrent W state jurisdiction is coses of fed. questionsDiversity of Citizenship: plaintiffs, defendants from differentStatesforeign country brings suit against US citizensFederal 8 State Jurisdictionexclusive federalexclusivestate jurisd.federal crimes,all other mattersconcurrentfexeral ?'sdiversity of citznshp.stare Decisions in the Dual court systemUS supreme courtUS circuit court AppealsState supreme courtUS District court in thatstate intermediate AppellatecircuitBinding 8 ?'s of FederalState Trial courts tBinding ?'s of state-personam Jurisdictionbased on person not propertyJurisdiction over the parties-in Rem claims against property- attachment Jurisdictionover Property to get payment, not Prop-venue where lawsuit should take placeparties TJurisdictionsubject matterin rem personal Quasi in Remstateconcurrent Feneraldefendent long armpresent statute civil Dispute ResolutionM- -Pleadings: statements that establish issues- complaint: initial Plaintiff pleading- summons: notice given to inform of lawsuitif defendant doesn't answer, court enters default judgementdefendant can file remurrerdefendant can M answer 8 xeny claims, asserting affirmative def.then defense proves in court 8 file counteraaim* pretial procedure- -judgement on pleasing: final rulling in favor of one party- Discovery: right of parties to obtain evidence- pretrial conference: between judge 8 attoneys to SIMPLIFY issues8 HY settling W/O trial- summary Judgement: final ruling by judge in favor of one PanyTrial- JUN selection: limited # of challenges for cause, limited # peremptory- conduct OF Trialchallenges60th attornies make opening statementwitnesses testify on direct examination & cross-examinationclosing arguments summarize evidence-Plaintiff goes first for closing, if defendant began opening- Directed verict: Plaintiff request for judge to rule ment of caseJUN instructions: rules of law applying to case-verict: formal decision of judge- -MOHONS challenging verdict: motions10% cal interest rateMexiation: third party is intermediary between disputing parties- Med - arb: third party is mediator & arbitrator if protems weren'tsetrmed + areresolved- Arbitration: nonjudicial, neutral party renders deasionParty selected by disputantsdecision is bindingconsentual 8 compulsory (contracts)