The Resolution of Private Disputes Slidedeck Notes

All notes from slidedeck presented in class

The US has _______ court systems

52

• a federal court system (including DC) and one for each state plus those for each US territory

courts of limited jurisdiction

hear specialized types of cases, appeals from decisions often require a new trial in a general jurisdiction court

ex: traffic court, tax court, family court

often not courts “of record.”

trial courts

courts of general jurisdiction that hear most types of cases

• levels generally classified according to dollar amount of damages or location

• ex: county courts, district courts

appellate courts

generally decide only legal questions, not questions of fact

• review record of trial court proceedings and correct legal errors (reversal) or accept trial court’s legal procedures

• may also hear appeals from state agencies

• mistake of law, e.g., jury bias

plaintiff (party suing)

files lawsuit (complaint), against defendant (party sued) in appropriate court to issue binding decision

• makes the choice of where the lawsuit will be filed

jurisdiction

is a court’s power to hear a case and issue a decision binding on parties

• courts must have both subject matter and in personam jurisdiction

subject matter jurisdiction

refers to a court’s authority to hear a particular type of dispute

• ex: courts of criminal jurisdiction hear trails of crimes and misdemeanors

• ex: courts of civil jurisdiction hear and decide issues concerning private rights and duties and non criminal public matters

in personam

jurisdiction requires defendant to be a resident of or located within the state, or have committed acts within the state’s borders

long arm statutes

allows someone to be brought in that would otherwise not be allowed

• looking for a pattern in continuous motion, passive act of a court wanting you

in rem jurisdiction

applies when property that is the subject of a dispute is located within the physical boundaries of a court’s authority

quasi in rem (attachment) jurisdiction

similar to in rem but does not address rights in the property itself

venue

assuming jurisdiction is established, venue is the “fair and convenient” place for the trial to be held (usually the country)

• venue requirements are set by state stature

• defendant may file a motion for change of venue

• only one party choose where it is moved because the plaintiff chose first (no takebacks or decision making afterwards)

• free from bias so someone can have a fair trial

contracts may contain a forum selection clause

• this may address both jurisdiction and venue

• generally enforced unless they are unreasonable under the circumstances

• ex: setting the venue somewhere not related to the case to discuss contracts

federal jurisdiction

federal courts must have jurisdiction based on diversity or federal question

diversity jurisdiction

US Constitution Art III exists when dispute is between citizens of different states and mount in controversy exceeds 75,000

federal question

jurisdiction exists when the dispute arises under the Constitution, laws, or treaties of the US

federal courts have concurrent jurisdictions with state courts over other matters

• where parties are from different states

• the amount of damages is over 75,000

• in these type of cases, if the matter is filled in a state court, defendant may have the option to remove the case from state court to federal court

describe the federal courts of appeals

• 13 federal circuits

• hear decisions from US district courts (trial courts) as well as bankruptcy courts

describe the supreme court of the united states

• hears all appeals from lower courts

• original and exclusive jurisdiction over all controversies between states

• original, but not exclusive, jurisdiction over cases involving foreign ambassadors

• may take original jurisdiction over disputes between branches of US government

• 4 of 9 justices must agree for case to be heard

• 5 must vote in your favor

civil procedure

process of conducting a lawsuit in a civil court case

• judicial rules establishing how a lawsuit proceeds from beginning to end

• In an adversarial system, the plaintiff bears the burden of proof to prove their case by a preponderance of the evidence. Once the plaintiff has made a prima facie case (proved on its face, basic case), the burden of proof may shift to the defendant

• may have a defense or push back to the plaintiff due to more proof

in a civil suit burden of proof is by a “preponderance” of the evidence

• requires plaintiff to convince the fact finder (usually the jury) the existence of each element is more probable than its nonexistence

• in a criminal case, the burden of proof is beyond a reasonable doubt

describe service of the summons

• notifies the defendant that they are being sued and the deadline to “enter an appearance”, usually accompanied by a copy of the complaint

• Under long arm statutes, service may be accomplished on out-of-state defendants via certified mail.

• Corporations are served via their registered agents

the pleadings

plaintiff’s complaint or petition plus defednat’’s answer or response

complaint

filed by injured party, known as plaintiff

answer

from defendant many contain an affirmative defense, and or a counterclaim. if so,plaintiff submits a reply

• must be very detailed because you can’t go back

• can explain why or why not or why the other person did

motions

Some motions request the judge to decide the result before the trial

• motion to dismiss

• motion for judgment on the pleadings - we don’t need to hold a trial because they are arguing in the complaint and answer

• motion for summary judgement - decision based on law

MOTIONS SHOULD NOT BE TAKEN LIGHTLY

discovery

obtaining evidence from other party through

• depositions - seeing how a person reacts, ask questions based on those reactions

• interrogations - sitting with their lawyers and answering very specifically

• requests for admissions - admit ex: were you driving the car

• requests for production of documents

to prevail, party must show what two items?

1.) there is no genuine issue of material fact

2.) they are entitled to judgement as a matter of law

pretrial conference

where judge will hear and rule on many evidentiary issues, discovery disputes, potential settlement and other concerns

trier of fact (judge or jury)

sees material evideicne (physical objects, documents), hears testimony of witnesses and decides outcome of the case based on facts

matters of law

are issues, not of fact, but of law, matters of law decided by a judge

• ex: whether a statute means X or Y, or one law or another applies to the facts

• ex: the person has an undeniable bias and is removed form court

Describe the trial process

• plaintiff’s case through direct examination of witnesses (defendant performs cross examination) and defendant’s case through direct examination (and plaintiff’s cross examination)

• Closing argument or summation from each party, a summary of what they said

• jury instructions

• verdict, they are done, but no decision/evidence was proved

• trial motions: motion to limit evidence, voluntary non-suit or dismissal (drop the case), motion for compulsory non-suit or summary judgment

• after the summation or closing argument, a party may move for a mistrial (injustice or overwhelming prejudice) or directed verdict (weight of evidence leads to only one conclusion

What happens after the trial?

• A party may make a motion for a new trial

• motion for a new trial

• After a judgment has been entered, the losing party may appeal the decision to a higher court.

• After a judgment, the winning party must have the judgment executed (carried out) to obtain money, property, or action ordered by the court.

• Bottom line: a judgment is issued, and enforcement of the judgment begins

the usual justifications for class actions are that:

1.) It allows similar or the same legal wrongs causing losses to a large number of widely dispersed parties by a common defendant to be fully compensated

2.) It promotes economy of judicial effort by combining many similar claims into one suit

• proving one set of facts

• trying to stop bad behavior compared to an individual trying

• The lawyers only make money during class action lawsuits

• Not everyone’s situation is the same

not all dispute resolution mechanisms in the legal system are heard by a judge

• disputes with government often resolved by relevant administrative agency

Administrative agencies generally have a unique dispute resolution process (hearings, appeals)

• Disputes may choose alternative dispute resolution

• Why, because they are cheaper, less time-consuming, and private (not public information afterwards)

What is one ADR option?

arbitration

What is a second ADR option?

mediation

What is a third ADR option?

reference to third party

define arbitration

disputes settled by one or more arbitrators selected by the parties to a dispute, relatively formal, uniform or federal arbitration acts typically used

define mediation

parties choose neutral party to aid resolution of dispute

• helps the two parties come together, meet outside of court

define reference to third party

dispute resolution by a rent-a-judge, mini-trial, summary jury trial, or association tribunal

• When a person really wants to go to court