Chapter 4 - BLaw

Courts and Alternative Dispute Resolution

What is judicial review?

The power of courts to determine whether laws or government actions goes against Constitution.

How did Marbury v. Madison (1803) establish judicial review?

The Supreme Court declared part of a federal law unconstitutional, establishing its authority to review laws.

What is jurisdiction?

A court's legal authority to hear and decide a case.

In personam vs. in rem jurisdiction?

• In personam = authority over a person

• in rem = authority over property

Long-arm statute vs. minimum contacts?

• Long-arm statute = state law allowing jurisdiction over out-of-state defendants

• Minimum contacts = connections required by due process

What is subject-matter jurisdiction?

A court's authority to hear a particular type of case.

General vs. limited subject-matter jurisdiction?

• General = broad range of cases

• Limited = specific kinds of cases

Probate vs. bankruptcy courts?

• Probate = estates and wills

• Bankruptcy = federal debt-relief cases

Original vs. appellate jurisdiction?

• Original = hears cases first

• Appellate = reviews lower-court decisions.

What is federal-question jurisdiction?

Federal jurisdiction over claims arising under the Constitution, federal law, or treaties.

What are the two basic requirements for diversity jurisdiction?

Different state citizenship & an amount in controversy exceeding $75,000.

Concurrent vs. exclusive jurisdiction?

• Concurrent = shared court authority

• Exclusive = only one court system has authority.

What determines cyberspace jurisdiction?

Purposeful online contacts connecting a defendant to the state, not just having an accessible website

What is standing to sue, and what 3 requirements must a plaintiff establish?

• Injury → suffered actual or imminent harm,

• Causation → the defendant's actions caused the harm, and

• Redressability → the court can likely remedy the injury.

What 4 tiers make up the state court system, and what does each do?

• Limited trial courts handle specialized cases;

• General trial courts hear broad cases;

• Intermediate appellate courts review decisions;

• The highest state court is the final state-level authority.

What 3 main levels make up the federal court system?

• U.S. district courts hear trials

• U.S. courts of appeals review decisions

• The U.S. Supreme Court is the highest federal court

What are U.S. District Courts, and what type of jurisdiction do they exercise?

The main federal trial courts, exercising original jurisdiction over many federal cases.

What is the difference between trial courts and appellate courts?

• Trial courts hear evidence and determine facts

• Appellate courts review decisions for legal errors.

Why is the U.S. Supreme Court important?

Highest federal court & the final authority on interpreting the U.S. Constitution and federal law.

What is a writ of certiorari, and how does the Rule of Four apply?

• Certiorari is an order agreeing to review a case

• At least four Supreme Court justices must vote to grant it

When can the U.S. Supreme Court review a state supreme court decision?

When the case presents a qualifying federal question (abt constitution), rather than just an issue of state law.

What is litigation, and how does it differ from Alternative Dispute Resolution (ADR)?

• Litigation resolves disputes through courts;

• ADR uses alternatives (negotiation, mediation, and arbitration).

Why is negotiation the simplest form of ADR?

Parties communicate directly to settle a dispute without needing a neutral third party.

How do mediation & arbitration differ in who controls the outcome?

• A mediator helps parties agree

• An arbitrator hears the dispute and makes a decision.

What is an arbitration award, and is it usually binding?

An arbitrator's formal decision, which is generally binding & enforceable under a binding arbitration agreement.

What three circumstances may justify setting aside an arbitration award?

• Serious arbitrator misconduct

• Conflict with established public policy

• Exceeding the arbitrator's authority.

How do arbitration clauses and statutes differ?

• Clauses are contractual agreements to arbitrate

• Statutes establish legal rules governing arbitration

What is arbitrability, and why does it matter?

Whether a dispute falls within an enforceable arbitration agreement and must be resolved through arbitration.

How do early neutral case evaluation, mini-trials, and summary jury trials help resolve disputes?

They help parties assess their cases & encourage settlement through expert evaluation, abbreviated presentations, or advisory jury verdicts.

What is ODR, and how does it relate to traditional ADR?

ODR (Online Dispute Resolution) uses online tech. to conduct dispute resolution, through negotiation, mediation, or arbitration.

What is international dispute resolution, and what issues does it address?

Resolves disputes across countries, including where cases are heard and which laws apply.

How do forum-selection and choice-of-law clauses differ?

• Forum-selection: Where the case is heard

• Choice-of-law: Which laws apply

What is an international arbitration clause, and why is it used?

Requires arbitration instead of court; offers neutrality, flexibility, & international enforcement.