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BL-Chapt2 - Print Chapter Page 1 of 28 Courts and...

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Courts and Alternative Dispute Resolution Chapter Introduction 2-1 The Judiciary's Role in American Government 2-2 Basic Judicial Requirements 2-2a Jurisdiction 2-2b Jurisdiction in Cyberspace 2-2c Venue 2-2d Standing to Sue 2-3 The State and Federal Court Systems 2-3a State Court Systems 2-3b The Federal Court System 2-4 Alternative Dispute Resolution 2-4a Negotiation 2-4b Mediation 2-4c Arbitration 2-4d Other Types of ADR 2-4e Providers of ADR Services 2-4f Online Dispute Resolution 2-5 International Dispute Resolution 2-5a Forum-Selection and Choice-of-Law Clauses 2-5b Arbitration Clauses Chapter Recap Page 1 of 28 Print Chapter 2010-8-30 http://atext.aplia.com/controller/ChapterPrint.aspx?isbn=0324655223&mod=0&ch=2&...
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Chapter Introduction Today in the United States there are fifty-two court systems–one for each of the fifty states, one for the District of Columbia, and a federal system. 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 authority from Article III, Section 2, of the U.S. Constitution. By the power given to it under Article I of the U.S. Constitution, Congress has extended the federal court system beyond the boundaries of the United States to U.S. territories such as Guam, Puerto Rico, and the Virgin Islands. As we shall see, the United States Supreme Court is the final controlling voice over all of these fifty-two systems, at least when questions of federal law are involved. Every businessperson will likely face a lawsuit at some time in his or her career. Thus, anyone involved in business needs to have an understanding of the American court systems, as well as the various methods of dispute resolution that can be pursued outside the courts. In this chapter, after examining the judiciary's role in the American governmental system, 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. We conclude the chapter with an overview of some alternative methods of settling disputes, including online dispute resolution. Page 2 of 28 Print Chapter 2010-8-30 http://atext.aplia.com/controller/ChapterPrint.aspx?isbn=0324655223&mod=0&ch=2&...
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2-1 The Judiciary's Role in American Government As you learned in Chapter 1, the body 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 essential role of the judiciary–the courts–in the American governmental system: to interpret the laws and apply them to specific situations.
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