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IN COLLABORATION WITH
SOUTHERN NEW HAMPSHIRE UNIVERSITY
____________________________________________
BUSINESS LAW [BUS 206]
LECTURE 2
CIVIL DISPUTE RESOLUTION
represents a balance between [1] to be fair and impartial, and [2] to operate
efficiently as well as a commitment to the adversary system
Courts
means the power or authority of a court to hear and decide a given case
to resolve a lawsuit, a court must have two (2) kinds of jurisdiction:
[1] subject matter jurisdiction refers to the authority of a particular court
to adjudicate a controversy of a particular kind. If lacks jurisdiction, no action
it takes in the case will have legal effect
[2] jurisdiction over the parties power to bind the parties involved in the
dispute. Required for the court to render an enforceable judgment that
affects the rights and duties of the parties to the lawsuit
Types of Court
Original Jurisdiction trial court
General Jurisdiction broad authority civil and criminal cases
Special Jurisdiction also limited jurisdiction hear particular kind of cases
Appellate Jurisdiction reviews the work of a lower court
Article III of the U.S. Constitution judicial power of the United States shall be vested
in one Supreme Court and such lower courts as Congress may establish
Congress has established a lower Federal court system consisting of a number of
special courts, district courts, and courts of appeals
The Federal court system is staffed by judges who receive lifetime appointments
from the President, subject to confirmation by the Senate
[1] District Courts
Trial courts of general jurisdiction that can hear and decide most legal controversies
Most cases begin in a district court and it is here that issues of fact are decided
Generally presided over by one(1) judge although in certain cases three (3) judges
preside
hear appeals from district courts and review orders of certain administrative agencies,
the Tax Court, and the Bankruptcy Court
Generally hear cases in panels of three (3) judges
Function to examine the record of a case on appeal and to determine if the trial
court committed prejudicial error
If prejudicial error exist - will reverse or modify the judgment and if necessary remand
it (send it back) to the lower court for further proceeding
if no prejudicial error will affirm the decision of the lower court
[3] The Supreme Court
nation's highest court, whose principal function is to review decisions of the Federal
Courts of Appeals and the highest State courts
Consists of nine (9) justices a Chief Justice and eight (8) Associate Justices
Sit as a group in Washington D.C.
A quorum consists of any six (6) justices
[4] Special Courts
have jurisdiction over cases in a particular area of Federal law particular subject
matter
includes the U.S. Court of Federal Claims, the U.S. Tax Court, the U.S. Bankruptcy
Courts, and the U.S. Court of Appeals for the Federal Circuit
Each of the fifty (50) States and the District of Columbia has its own court
system
In most States the voters elect judges for a stated term
[1] Inferior Trial Courts
trial courts, such as probate courts and family courts, having jurisdiction
over a particular area of State law
Appeals from these special courts go to the general State appellate courts
[4] Appellate Courts
Courts with appellate jurisdiction that review the decisions of lower courts in
that state
Decisions of the general trial courts in a state would be appealed to these
courts
[5] Supreme Courts
highest court in most states generally known as the state supreme court
New York call their highest court the court of appeals
Primarily appellate jurisdiction
Decision is final except in those circumstances in which a federal subject
matter or treaty or the U.S. Constitution is involved
Cases with these federal subject matter issues can be appealed to the U.S.
Supreme Court
State courts have exclusive jurisdiction over all matters to which the Federal
judicial power does not reach
Stare Decisis - Doctrine that once a court has laid down a principle of law as applicable to a certain state of facts, it will adhere
to that principle and apply it to all future cases having substantially the same facts, regardless of whether the parties and
property are the same or not
Courts in a State have the jurisdiction to adjudicate claims to property situated within
the State if the plaintiff gives those persons who have an interest in the property
reasonable notice and an opportunity to be heard
jurisdiction based on claims against property
[3] Attachment Jurisdiction
jurisdiction over a defendant's property to obtain payment of a claim not related to the
property
Invoked by seizing the defendants property located within the State to obtain
payment of a claim against the defendant that is unrelated to the property seized
Civil disputes that enter the judicial system must follow the rules of civil procedure
Designed to resolve the dispute justly, promptly and inexpensively
Participants in the Court System
[1] Plaintiff
party that initiates the proceedings court of original jurisdiction
[2] Prosecutor
a final ruling in favor of one party by the judge based on the pleadings
[2] Discovery
a conference between the judge and the attorneys to simplify the issues in
dispute and to attempt to settle the dispute without trial
[4] Summary Judgment
final ruling by the judge in favor of one party based on the evidence
disclosed by discovery
Involves a voire dire an examination by the parties attorneys (or in some courts, by the judge) of the potential
jurors
each party has an unlimited number of challenges for cause which prevent a prospective juror from serving if the
juror is biased or cannot be fair and impartial
In addition, each party has a limited number of peremptory challenges which allow the party to disgualify a
prospective juror without showing cause
[2] Conduct of Trial
consists of opening statements by attorneys, direct and cross-examination of witnesses, and closing arguments
[3] Jury Instructions
judge gives the jury the particular rules of law that apply to the case
[4] Verdict
the jury's decision based on those facts the jury determines the evidence proves.
After the Trial
[1] Motions Challenging the Verdict
include motions for a new trial and a motion for judgment notwithstanding the verdict
[2] Appeal
plaintiff with an unpaid judgment may resort to a writ of execution to have the sheriff seize property of the
defendants and to garnishment to collect money owed to the defendant by a third party
Which method of civil dispute resolution litigation or one of the non-governmental methods is better for a particular
dispute depends on several factors, including;
[1] financial circumstances of the disputants;
[2] the nature of their relationship (commercial or personal, ongoing or limited); and
[3] the urgency of their need for a quick resolution
ADR methods are suitable where privacy, speed, preservation of continuing relations and control over the process
including the flexibility to compromise are important to the parties
ADR (Contd)
Arbitration
a non-judicial proceeding in which a neutral party selected by the
disputants renders a binding decision (award)
less formal and the rules of evidence are more relaxed
Normally conducted in private enables the parties to avoid
unwanted publicity
disputes are settled by one or more arbitrators
facts presented before trained experts
extensively used in commercial contracts
means to avoid expensive litigation
Conciliation
ADR (Contd)
Mini-Trial