Ch 3,4,5 Notes

Ch 3,4,5 Notes - Corporate governance property based...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Corporate governance – property based environment, requires viable court system Soaring legal costs – Tyco $50 million, Qwest $75 million 64 Judges and Justices pg. 64 Determine rules of law for case Finds facts if no jury Trial judge renders decision dealing with people in conflict Most extensive power Justices – deal with issues of law on appeal Judges - magistrates Jurors 65 6 th th amendment – right to trial by jury in criminal and civil (over 20) cases Fact-finding body – petit jury Historical size of jury – usually 12, now many states and some fed courts allow smaller o Rule 48 of federal rules states that “court shall seat a jury of 6-12”, local rules allow district courts to set # of jurors consistent with this rule (both criminal and civil) Decision – usually unanimous, no reason given (most states have eliminated unanimity for civil and 2 have for criminal) Jury System Reforms ( 66) – states allow jurors to take more active role: can take notes, submit questions to judges who require witnesses to answer, discuss evidence during case instead of waiting until the end – reforms based on belief that active jurors pay closer attention and make better decisions Jury Verdicts 67 Man, AG v. Freight - $850 mil Gulsby Engineering v. Liquids - $700 mill Cook v. Rockwell - $554 mill Largest jury verdicts involve medical malpractice, product liability, fraud, or breach of contract Lawyers 67 Duty to administration of justice Representative advocates Counselor (knows secrets), advocate, public servant Confidential communications to encourage full disclosure o Attorney client privilege 68 Required in most cases Jurisdiction – right of a court to hear and decide the case Need jurisdiction over the subject matter and persons/property Federal and State Court Systems 69 Trial courts, appellate courts, supreme courts Subject matter jurisdiction – can be general (hear any case) or limited o o Divorces, custody – domestic court o Municipal matters – municipal court
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
o Limited claims (less than 5000) – small claims court o No particular matter – general trial court o No jury – judge decides facts o General right to appeal to at least 1 higher court State Courts 70 Sources of Authority – Constitution, Legislature, Court Rules of Procedure 69 Appellate o review ?s of law , consists of 3-9 judges, petition for leave to appeal (writ of certiorari – for second review) o 12 U.S. Courts of Appeals o Court of Appeals for Fed Circuit – Handles appeals from special courts U.S. Claims Court Administrative decisions Court of military appeals Trial - protect property rights/correct wrongdoing o superior court, circuit court, district court Lawsuit – complaint filed Small Claims Court (falls below trial court) 70
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 11/30/2011 for the course LAW 322 taught by Professor Ward-vaughn during the Fall '07 term at Clemson.

Page1 / 11

Ch 3,4,5 Notes - Corporate governance property based...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online