4 LEGL - Ch. 4 (Part III), Ch. 5 & Ch. 6 (Part I)

4 LEGL - Ch. 4 (Part III), Ch. 5 & Ch. 6 (Part I) -...

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Unformatted text preview: Litigation Litigation Chapter Four Trial Trial Opening Statement Presentation of Evidence Closing Statements Jury Instructions Verdict Trial Trial Burden of Proof The level of proof necessary to prevail at trial Criminal cases = Beyond a reasonable doubt Civil cases = Preponderance of the evidence or clear and convincing proof Trial Trial Burden of Proof Preponderance of the evidence Clear and Convincing Proof Beyond a Reasonable Doubt Appeals Appeals Appeals Appeals Parties submit written briefs explaining their legal position The court of appeals will then typically schedule an oral argument Order of Litigation Order of Litigation Pleadings Discovery Trial Jury Selection Opening Statement Presentation of Evidence Closing Statements Jury Instructions Verdict Appeal Alternative Dispute Resolution Alternative Dispute Resolution Chapter Five Alternative Dispute Resolution Alternative Dispute Resolution Alternative Dispute Resolution Procedures for settling disputes by means other than litigation Alternative Dispute Resolution Alternative Dispute Resolution Settlement Resolution reached through direct negotiations between the parties Alternative Dispute Resolution Alternative Dispute Resolution Arbitration Submitting a dispute to a neutral third­party who issues a binding decision Alternative Dispute Resolution Alternative Dispute Resolution Voluntary vs. Mandatory Arbitration Voluntary arbitration arises when the disputing parties agree to arbitrate their dispute Mandatory arbitration arises when a court or statute requires the disputing parties to arbitrate their dispute Alternative Dispute Resolution Alternative Dispute Resolution Arbitration Process Hearing Award / Decision Alternative Dispute Resolution Alternative Dispute Resolution Judicial Review of Arbitrator’s Decision Voluntary arbitration – Decision overruled by a court only if: Arbitrary Obtained via fraud Contrary to public policy Alternative Dispute Resolution Alternative Dispute Resolution Judicial Review of Arbitrator’s Decision Mandatory arbitration Judicial review is available if one party is dissatisfied with result Due process requires availability of judicial review Alternative Dispute Resolution Alternative Dispute Resolution Mediation Similar to arbitration, only not a binding process Allows the parties to retain control over whether and when to settle The Constitution and The Constitution and Regulation of Business Chapter Six Constitutional Law Constitutional Law Separation of Powers The Constitution provides a system of checks and balances between the Legislative, Executive, and Judicial branches of government The Constitution also divides power between the federal and state/local governments Constitutional Law Constitutional Law Separation of Powers Federalism = A system of government in which power is divided between a central, national government and various regional, state governments Constitutional Law Constitutional Law Separation of Powers The Supremacy Clause (Article VI) establishes that the Constitution, all federal statutes, and U.S. treaties are “the supreme law of the land” Preemption occurs when the federal government has claimed the exclusive right to regulate a particular area Any subsequent state regulation is invalid Constitutional Law Constitutional Law Commerce Clause Article I, Section 8: “Congress shall have the Power … toregulate Commerce with foreign Nations, and among the several States” Constitutional Law Constitutional Law Commerce Clause Regulation of Foreign Commerce Regulation of Interstate Commerce Interstate commerce = commercial trade, business, movement of goods or money, or transportation from one state to another Intrastate commerce = commerce occurring exclusively in one state Regulation of intrastate commerce is reserved to the states Constitutional Law Constitutional Law Contracts Clause Article I, Section 10: “No State shall … pass any … Law impairing the Obligation of contracts.” Constitutional Law Constitutional Law Amendments and Basic Protections The First Amendment Freedom of Speech – “Congress shall make no law … abridging the freedom of speech” Limited protection for commercial speech Freedom of the Press – “Congress shall make no law … abridging the freedom of … the press” Constitutional Law Constitutional Law Amendments and Basic Protections The First Amendment Freedom of Religion Establishment Clause – “Congress shall make no law … respecting an establishment of religion” Free Exercise Clause – “Congress shall make no law … prohibiting the free exercise” of religion ...
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This note was uploaded on 09/21/2011 for the course LEGL 2700 taught by Professor Reed during the Spring '07 term at UGA.

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