FINAL: CH 1 - INTRODUCTION TO LAW; CH 3 - CIVIL DISPUTE RESOLUTION

Function of Law

to maintain a stability in the social, political, and economic system through:

dispute resolution, protection of property, & the preservation of the state, while permitting ordered change

Public Law

law dealing with the relationship between government & individuals

Private Law

law governing the relationships among individuals and legal entities [business law primarily governs private law]

Civil Law

law dealing with rights and duties, the violation of which constitutes a wrong against an individual or other legal entity

Sources of Law

1. constitutional law

2. judicial law (common law, equity)

3. legislative law (treaties, executive orders)

4. administrative law

What is the federal court system order & what does each court oversee

1. Supreme Court: the nation’s highest court, reviews decision of the Court of Appeals & the highest state courts

2. Court of Appeals: hear appeals from the district courts & review orders of certain administrative agencies

3. District Courts: trial courts of general jurisdiction that can hear & decide most legal controversies in the federal system

4. Special Courts: have jurisdiction over cases in particular areas of federal law (& includes tax court, bankruptcy court, etc.)

State court definition & court system order

State courts: Each of the fifty states and the District of Columbia has its own independent court system

1. Appellate courts: highest court; highest court’s decisions are final (unless reviews by Supreme Court)

2. Special Trial Courts

3. Trial Courts: have general jurisdiction over civil cases

4. Inferior Trial Courts: decide the least serious criminal and civil matters

To resolve a lawsuit, a court must have 2 kinds of jurisdiction:

1. Jurisdiction over subject matter

2. Jurisdiction over the parties

Subject Matter Jurisdiction

power courts have to decide a particular kind of case

(includes federal jurisdictions and exclusive state jurisdiction)

Exclusive Federal Jurisdiction

federal courts have sole jurisdiction over federal crimes, bankruptcy, antitrust, patent, trademark, copyright, and other special cases

Concurrent Federal Jurisdiction

authority of more than one court to hear the same case; state & federal courts have concurrent jurisdiction over:

1. federal question cases not involving exclusive federal jurisdiction

2. diversity of citizenship cases involving more than $75,000

Exclusive State Jurisdiction

states have exclusive jurisdiction over everything else

Jurisdiction over the Parties Definition

the power of a court to bind the parties to a suit

Jurisdiction over the Parties: components

1. In Personam Jurisdiction

2. In Rem Jurisdiction

3. Attachment Jurisdiction

In Personam Jurisdiction

• Jurisdiction over persons

A court obtains this jurisdiction by:

1. serving process on the party within the state the court is located in

2. applying the long-arm statute to a non-resident defendant (via communication)

long arm statute = any connection the defendant has to the state

In Rem Jurisdiction

jurisdiction based on claims against property

Attachment Jurisdiction

a court order seizing specific property

• seizing the defendant’s property located within the state to obtain payment of a claim against the defendant that is unrelated to the property seized.

Alternative Dispute Resolution

Arbitration, Conciliation, Mediation, Negotiation

Arbitration

• parties select a neutral third person who renders a binding decision after hearing arguments and reviewing evidence

• less formal and relaxed

• takes less time and costs less than litigation (legal action)

Conciliation

third party acts as an intermediary between the disputing parties

• duties: improving communications, explaining issues, scheduling meetings, etc.

Mediation

same as conciliation, but they propose solutions for them to consider

Negotation

consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties