MT211_Chapter2_eBook - CHAPTER 2 Traditional and Online...

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methods for settling disputes in online forums. Note that technological developments are affecting court procedures just as they are having an impact on all other areas of the law. In this chapter, we will also indi- cate how court doctrines and procedures, as well as alter- native methods of dispute settlement, are being adapted to the needs of a cyber age. The Judiciary’s Role in American Government As you learned in Chapter 1, the entirety of American law includes the federal and state constitutions, statutes passed by legislative bodies, administrative law, and the case decisions and legal principles that form the common law. These laws would be meaningless, however, without the courts to interpret and apply them. This is the essen- tial role of the judiciary—the courts—in the American governmental system: to interpret and apply the law. CHAPTER 2 Traditional and Online Dispute Resolution LEARNING OBJECTIVES After reading this chapter, you should be able to answer the following questions: What is judicial review? How and when was the power of judicial review established? Before a court can hear a case, it must have jurisdiction. Over what must it have jurisdiction? How are the courts applying traditional jurisdictional concepts to cases involving Internet transactions? What is the difference between a trial court and an appellate court? In a lawsuit, what are the pleadings? What is discovery, and how does electronic discovery differ from traditional discovery? What is electronic filing? How are online forums being used to resolve disputes? 5 4 3 2 1 U ltimately, we are all affected by what the courts say and do. This is particularly true in the business world—nearly every businessperson will face either a potential or an actual lawsuit at some time or another. For this reason, anyone contemplating a career in business will benefit from an understanding of American court systems, including the mechanics of lawsuits. In this chapter, after examining the judiciary’s overall role in the American governmental scheme, we discuss some basic requirements that must be met before a party may bring a lawsuit before a particular court. We then look at the court systems of the United States in some detail and, to clarify judicial procedures, follow a hypo- thetical case through a state court system. Even though there are fifty-two court systems—one for each of the fifty states, one for the District of Columbia, plus a federal sys- tem—similarities abound. Keep in mind that the federal courts are not superior to the state courts; they are simply an independent system of courts, which derives its author- ity from Article III, Sections 1 and 2, of the U.S. Constitution. The chapter concludes with an overview of
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This note was uploaded on 05/18/2010 for the course MT Marketing taught by Professor Jgh during the Spring '10 term at Kaplan University.

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MT211_Chapter2_eBook - CHAPTER 2 Traditional and Online...

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