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BLaw CH 3
Chapter 3
| Term | Definition |
|---|---|
| Original Jurisdiction | The power to hear and decide cases when they first enter the legal system. |
| Appellate Jurisdiction | The power to review previous judicial decisions to determine whether trial courts erred in their decisions |
| In personam jurisdiction | The power to render a decision affecting the rights of the specific persons before the court |
| Subject-matter jurisdiction: | The power to hear certain kinds of cases. 2 |
| Subject-Matter Jurisdiction: Exclusive Federal Jurisdiction | • Admiralty cases. • Bankruptcy cases. • Federal criminal prosecutions. • Cases in which one state sues another state. • Claims against the United States. • Other claims involving federal statutes that specify exclusive federal jurisdiction. |
| Subject-Matter Jurisdiction: State Jurisdiction | • State courts have a broad range of cases they can hear. • They hear all cases not falling under Exclusive Federal Jurisdiction. • Most cases will fall under state court jurisdiction. |
| Subject-Matter Jurisdiction: Concurrent Federal and State Jurisdiction | • Occurs when both the state and federal system have jurisdiction over a case. • Federal question cases. • Diversity of citizenship cases. |
| The Federal Court System | A “tri-partite” system that consists of three levels: 1. The United States Supreme Court. 2. Intermediate Courts of Appeal. 3. Federal Trial Courts (U.S. District Courts). |
| State Court Systems | State court systems are also a “tri-partite” system, consisting of: 1. State Supreme Courts. 2. Intermediate Courts of Appeal. 3. State Trial Courts. 7 |
| Threshold Requirements for Litigation | • Actual/imminent injury in fact. • Injury traceable to actions of defendant. • Injury redressed by favorable decision. Case or Controversy (Justifiable Controversy). • Adverse relationship between plaintiff and defendant. Actions of one party give |
| Standing (to sue) | • Actual/imminent injury in fact. • Injury traceable to actions of defendant. • Injury redressed by favorable decision |
| Case or Controversy (Justifiable Controversy). | • Adverse relationship between plaintiff and defendant. • Actions of one party give rise to legal dispute. • Court decision able to resolve dispute |
| Ripeness | Decision able to affect parties immediately. The goal is to prevent premature litigation for a dispute that is insufficiently developed. |
| Jurisdiction | • The power of a court to hear a case and render decisions that bind the parties before them. |
| Venue | The most appropriate geographical location where a case should be heard. It is usually where the parties reside or where the case allegedly arose. |
| Steps in Civil Litigation: The Pretrial Stage | • Informal Negotiations. • Pleadings. • Service of Process. • Defendant’s Response. • Pretrial Motions. • Discovery. • Pretrial Conference. |
| Steps in Civil Litigation: The Trial | • Jury Selection. • Opening Statements. • Examination of Witnesses and Presentation of Evidence. • Closing Arguments. • Jury Instructions. |
| Discovery | occurs after the pleadings have been filed. The exchange of relevant documents and evidence by the parties includes interrogatories, requests to produce documents, depositions and requests for admission of facts. |
| Pre-trial | Demurrer/Motion to dismiss for failure to state a claim. • Motion for judgment on the pleadings. • Motion for summary judgment. • At trial –Motion for a directed verdict. |
| Post-trial | • Motion for judgment in accordance with verdict. • Motion for judgment notwithstanding of verdict (judgment n.o.v.). Called a motion for judgment as a matter of law in federal court. • Motion for a new trial. |
| Appeal | • A prejudicial error of law must exist for an appeal to succeed. • Appeals are only on the record. No additional evidence can be considered by the appellate court. • For most cases only one appeal to an intermediate court of appeal is allowed. |
| Appellate Court Decision-Making Power | • Affirmation. • Modification. • Reversal. • Remand. |
| Appeal to the U.S. Supreme Court | • The United States Supreme Court hears very few cases per year. • At least four of the nine sitting justices must agree to grant a Writ of Certiorari for the Court to hear a case, this is called the “rule of fours.” |
| Alternative Dispute Resolution | The resolution of legal disputes through methods other than litigation, such as negotiation, mediation, arbitration, summary jury trials, mini-trials, neutral case evaluations, and private trials. |
| Reasons a Business Might Prefer Alternative Dispute Resolution (ADR) Versus Litigation | are generally faster and less expensive . avoid uncertainty associated with a jury decision. may wish to avoid setting precedent through court decision. may prefer the confidential nature. better allow parties to preserve business relationship. |
| Primary Forms of Alternative Dispute Resolution | • Negotiation. • Mediation. • Arbitration |
| Advantages of Mediation | • Helps disputing parties preserve their professional relationships. • Provides possibility of finding creative solutions to dispute. • Offers participants high level of autonomy |
| Disadvantages of Mediation | Appears to be an equal process and solution, hiding power imbalances that would lead to the party with greater power securing an agreement of greater benefit. • Some enter mediation with no intention of finding a solution, use it as a delay tactic. |
| Advantages of Arbitration | More efficient and less expensive than litigation. Parties have more control over the process of dispute resolution can choose arbitrator with expertise in specific subject matter of dispute. Arbitrator has greater flexibility in decision-making |
| Disadvantages of Arbitration | As use of arbitration increases, efficiencies and lower cost advantages decrease. Difficulty of appealing an arbitration award. Loss of civil rights and remedies available through litigation. Companies and employers may effectively “hide” their dispu |
| Binding Arbitration Clause | A provision in a contract mandating that all disputes arising under a contract must be settled by arbitration . how arbitrator selected"If parties have a binding arbitration agreement, the dispute must be resolved through arbitration." |
| Other Alternative Dispute Resolution Methods | • Mediation-Arbitration (“Med-Arb”). • Summary Jury Trial. • Mini-Trial. • Early Neutral Case Evaluation. • Private Trials. |
| Federal Trial Courts | the trial courts in the federal system, handle a wide range of cases. The U.S. has 94 districts, each with at least one district court. Some cases, like bankruptcy or patent disputes, are heard in specialized courts with limited jurisdiction. |
| Intermediate Courts of Appeal | the U.S. circuit courts of appeal are the next level, with 11 numbered circuits and a federal circuit that handles appeals from government agencies. They hear appeals from district courts in their regions |
| Court of Last Resort | The U.S. Supreme Court is the highest court, with nine justices who serve for life. It hears appeals from state supreme courts on federal issues and sometimes acts as a trial court in specific cases, like disputes between states. |
| Statutes of Limitation | When deciding to sue, parties must consider the statute of limitations, which is the time limit for filing a lawsuit after the cause of action arises. |
| Forum Selection and Choice of Law | To avoid disputes about where a case should be heard and which laws should apply, businesses often clauses in contracts. A clause that specifies the court that will hear any disputes. While these clauses usually help businesses by providing clarity, |
| Informal Negotiations | Before a lawsuit is filed, parties often try to resolve disputes informally through discussions or negotiations. If unsuccessful, they may consult an attorney to help resolve the issue without going to court. |
| Pleadings | The formal lawsuit begins when the plaintiff’s attorney files a complaint in court, detailing the parties, the court’s jurisdiction, the facts of the case, and the relief sought. Pleadings help both sides prepare by preventing surprises at trial |
| Service of Process: | The court must notify the defendant of the lawsuit by delivering a copy of the complaint and summons, informing them they must respond or risk a default judgment. |
| Defendant’s Response: | typically responds with an answer, either admitting, denying, or claiming no knowledge of the allegations. |
| Opening Statements: | Each attorney explains the facts they intend to prove and the legal conclusions they aim to establish. |
| • Examination of Witnesses and Presentation of Evidence: | Both sides present their cases, with the plaintiff bearing the burden of proof. The defendant may request a directed verdict if they believe the plaintiff hasn’t made a sufficient case. If denied, the defendant presents their case |
| Closing Arguments: | Attorneys summarize the evidence, with the plaintiff speaking first, followed by the defendant, and then the plaintiff’s rebuttal |
| jury Instructions | The judge instructs the jury on applying the law to the facts. After deliberation, the jury returns a verdict. |
| Negotiation | a common ADR method where disputing parties try to resolve issues informally, with or without lawyers, without involving a neutral third. |
| Mediation | Mediation builds on negotiation by involving a neutral mediator who helps the parties communicate and suggests solutions |
| Arbitration | Arbitration involves a neutral third party, known as an arbitrator, who hears both sides and makes a binding decision |
| Med-Arb | combines mediation and arbitration. Parties first try to resolve their dispute through mediation. If that fails, they move to arbitration. Sometimes the same neutral third party handles both stages. |
| Summary Jury Trial | A summary jury trial is a quick trial that gives a nonbinding verdict. It lasts just a day and helps parties see how a jury might view their case. Each side presents a limited amount of evidence, and the jury issues an advisory verdict. |
| Minitrial | business representatives with settlement authority hear arguments from each side’s lawyers and receive a nonbinding opinion from a neutral adviser on how the case might turn out. |
| Early Neutral Case Evaluation | In early neutral case evaluation, a neutral party assesses the strengths and weaknesses of each side’s case. The parties use this assessment to negotiate a settlement. |
| Private Trials | involve hiring a referee, often a retired judge, to give a binding judgment. These trials are private, ensuring confidentiality. The referee’s decision is filed with the court, but parties can request a new trial if they are unhappy with the outcome. |
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