This preview shows page 1. Sign up to view the full content.
Unformatted text preview: Chapter 2
THE COURT SYSTEM & DISPUTE RESOLUTION The Court System
Courts hear disputes according to their
jurisdiction. Subject matter jurisdiction covers types of
proceedings a court may hear. Limited (special) jurisdiction courts deal with cases restricted to certain subject matter. Appellate jurisdiction reviews the work of a lower court. Either affirm or reverse.
2 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.
3 The Federal Court System
Supreme Court of the United States
(Highest appeals court; review from lower appeals courts is
usually at the discretion of the Supreme Court) U.S. Courts of Appeals
Circuit Courts Jurisdiction by geographic area. Court of Appeals for the Federal Circuit Nationwide jurisdiction by subject matter Review Federal
District Courts Tax Court Indian Tribal Court Bankruptc y Court Specialty Courts
4 The State Court System
Possible Appeal to the United States Supreme Court State Supreme Court
State Court of Appeals General Trial Court
(County, Circuit & Superior Court) Specialty Courts
Juvenile Probate Domestic Relations Small Claims City or Municipal (Traffic) 5 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). 6 Court Procedure
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.
7 Conflicts of Law
Conflict of laws: Law of state where complaint is filed governs
procedural issues and rules of evidence. For contract formation, courts apply law of state in which contract was formed. For contract performance, courts apply law of state in which contract is to be performed. International: most significant contacts with transaction.
8 Initial Steps in a Lawsuit
1. Complaint by plaintiff 2. Service of process on defendant 3. Defendant's answer 4. Discovery Deny Counterclaim Admit Depositions Interrogatories Request for Production 5. Motion for Summary Judgment (if no factual issues)
9 The 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 Alternative Dispute Resolution
ADR Arbitration Minitrial Association Tribunal Mediation Rent-aJudge Use of Ombudsman Reference to Referee Summary Jury Trial 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. 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.
View Full Document
This note was uploaded on 05/12/2010 for the course BUS 2241 taught by Professor Mcguinnes during the Spring '10 term at Valencia.
- Spring '10
- Business Law