businesslaw - 1 subject matter jurisdiction is the power of...

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1. subject matter jurisdiction: is the power of a court to decide a particular type of case; e.g. , contract, violation of free speech rights under federal or state constitutions, violation of federal, state or local statute. California state courts are courts of “general” jurisdiction since they can hear almost all types of cases unless federal statute says only federal court can hear the certain type of case. Federal courts are courts of “limited” jurisdiction since they hear limited types of cases only (federal question and diversityMany types of cases can be heard in state or federal court (“concurrent” jurisdiction), but certain cases can be heard in a specific court system only (“exclusive” jurisdiction).   2. civil lawsuits : can take lots of time and money. 3. Alternative Dispute Resolution : any process by which a dispute is resolved without a decision by the court. Parties exert more control over ADR proceedings than they do over court proceedings because ADR is private and thus subject to parties’ own rules. ADR usually results in savings of time and money. ADR more likely to help parties to continue their relationship. ADR can be used in any kind of dispute and at any time during the dispute. Many contracts include ADR requirements. 4. Types of ADR : a) Negotiation : no 3rd party involved; parties and/or representatives try to resolve dispute themselves; parties in control since no resolution without everyone’s agreement. Can be done at any time. b) Mediation/Settlement Conference : 3rd party tries to keep parties talking to reach common ground and, hopefully, resolution of their dispute; parties in control since no resolution without everyone’s agreement. No one can be forced to settle and the mediator makes no judgments, orders or other rulings; statements made during mediation are not admissible into evidence in subsequent trial or other proceedings. c) Arbitration : much like a non-jury trial; parties give up control since arbitrator’s decision is usually final (no appeal). If no voluntary compliance, the prevailing party files a petition/motion to confirm the arbitration award as a judgment; easier to enforce/collect a judgment since court process can be used; court process not available to enforce arbitration award itself. 5. How to get ADR: a) By voluntary compliance with agreement made before or after the dispute has arisen. b) By court order – two ways Party can file a petition/motion to compel arbitration per parties’ contract if other contracting party refuses to submit to arbitration. Court may order parties to submit to nonbinding arbitration or mediation; good way to get case out of busy court system and resolved without further court involvement.
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6. Elements of a contract: Offer, Acceptance, Consideration 7. Offer: Proposal/invitation by offeror to enter into a contract. Objective intent by offeror to be obligated by the offer; what would a “reasonable person” think viewing the communications and conduct of the parties under the circumstances
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This note was uploaded on 02/15/2012 for the course BLAW 101 taught by Professor Staff during the Fall '10 term at Texas State.

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businesslaw - 1 subject matter jurisdiction is the power of...

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