Chapter3Slides - Chapter 3 The Courts and Alternative...

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Unformatted text preview: Chapter 3 The Courts and Alternative Dispute Resolution Judicial Review The power of the courts to review (and invalidate) the actions of the other branches Taken by the Supreme court in Marbury v. Madison Justice Marshall stated that this was the power of the court. To File Suit, one needs: Standing Jurisdiction Personal or in rem and Subject Matter Venue Need all three, including both aspects of jurisdiction Jurisdiction Subject Matter Is this the right court to hear this type of case? Personal Does this court have power over the named defendant in the case? Can be based on Residency Physical Presence Minimum Contacts In Rem Based on location of property that is subject of law suit Usually involves real estate Location of parties not relevant Quasi in rem: Attaching property to satisfy a different lawsuit's judgment File in State or Federal? State: Most Cases Applies to both civil and criminal Federal Violations of Federal Statutes, trademark and patent, admiralty Concurrent (file in either) Federal minimum Diversity...Minimum $75,000 Venue (=location) Within jurisdiction, which location can hear case May be multiple possibilities Can be where Plaintiff Lives...or Defendant lives...or Incident occurred Among these, judicial discretion Venue Issues Venue rules can be modified in special circumstances Change of Venue: often requested for fairness to defendant Colo. Small town school principal case Must remain w/in jurisdiction Okla. City Bombing case Unusual Circumstances Plaintiff initially picks by filing Central City casino bus accident Standing Must have a stake in the outcome Cannot file another's suit for them Injury must be personalized Standing has been found to exist in environmental cases State Court Systems Independent from federal courts Structures differ somewhat Most have 3 levels Supreme Appellate Trial General ("default") and Limited (specific cases) Jurisdiction Trial Courts. Federal Court System 3 Levels US Supreme Court Appeal to this court is discretionary US Circuit Court of Appeals Trial Courts Federal District Courts: Gen. Jurisdict. Special Jurisdiction Trial Courts Tax; U.S. Claims; Pleadings Complaint Answer Deny or admit Cross complaint Third party complaint Motion to intervene Motion to consolidate Pretrial Motions Judgment on pleadings Based only on pleadings; no facts in dispute Used if pleadings determine outcome Summary judgment No facts in dispute, only questions of law Can be filed at any time Discovery What you don't see in the movies Purposes To eliminate surprise at trial Makes movies boring To promote settlement of case Conducted by the parties Judge involved if a dispute Attorneys seek info from each other Discovery techniques Depositions: Sworn testimony Effective but expensive Can later use to refute court testimony Interrogatories Less effective, but less expensive Why less effective? Other Discovery Techniques Production of Documents Business records Medical records Can tell opposing counsel where to search for them Medical Examination If an issue in case Each side can examine Inspections of items vital to case Juries Criminal Constitution based Almost always 12; unanimous verdict Civil State law based, can differ Some allow less than 12 Some allow supermajority verdict Juries Voir Dire Challenges For cause Peremptory Alternates Appeals Always a right to one level of appeal Legitimate ground for appeal must exist Procedural defect Impossible that verdict is correct Not merely because you disagree with outcome Above first level, appeal is discretionary Appeals to U.S. Supreme Court 1790: 3.9 Million People 1 US Supreme Court 2007 295 Million People 1 US Supreme Court Alternative Dispute Resolution Boulder: a leader in ADR Widespread use shows courts' failure to meet users' needs Many forms To use, the parties often give up rights to use the court system Now, often court-mandated Now: online forums for ADR Arbitration Voluntary appointment of arbitrator to make a binding decision "Private judge" Can set own rules Anyone can be arbitrator Arbitration clauses in contracts: "voluntary"? Mediation Voluntary Process Mediator helps parties to reach a resolution No assurance of resolution Especially valuable where an ongoing relationship Boulder program ADR Pros and Cons Pro Cheaper, faster Private Flexible Con Can fail; go to court anyway No precedent Possibility of Bias ...
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This note was uploaded on 12/06/2010 for the course BCOR 3000 at Colorado.

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