Biz Law - Ch.2 Courts and Alternative Dispute Resolution

Judicial review

courts decides on constitutionality actions done by other 2 branches

• originated from Marbury v Madison

• judicial review ISN’T mentioned in US constitution

Marbury v Madison

final hours of John Adams presidency, appointed several judges (midnight judges) and Marbury was one of them

—> Madison, refused to deliver commission, preventing Marbury from becoming judge, who sued

—> Madison’s refusal to deliver commission was illegal

—> So SC declared a law unconstitutional for the first time, establishing judicial review

Jurisdiction

court’s authority to hear and decide a case

Long arm statue

state statute that allows a state to exercise jurisdiction over nonresident defendants 

• defendant must have minimum contacts

Concurrent jurisdiction

jurisdiction that exists when two different courts have power to hear a case

Federal question

plaintiff’s cause of action based on US constitution, treaty, and federal law

• provides basis for federal jurisdiction in a case

Diversity of citizenship

both parties are residents of different states AND great than 75k involved

• basis for federal court jurisdiction

Standing to sue

legal requirement that someone must have sufficient stake in controversy to bring the lawsuit

• must have suffered a harm (ie physical injury or economic loss)

Exclusive jurisdiction

exists when a case can be heard only in a particular court, either federal or state court

• exclusive federal - bankruptcy, copyrights

• exclusive state - divorce, adoption

Venue

geographic district that a cased will be tried; possible for 2 courts to have authority but one may be more appropriate

• Civil case = where defendant lives

• Criminal case = where crime occurred

Steps of a state court case

• litigation

• pleadings

• complaint

• service of process

• default judgment

• defendant’s answer

• reply

Litgation

process of a lawsuit going through the court system

Complaint

made by plaintiff talking about what the defendant did wrong

Pleadings

inform each party of claims and specific issues involved

Service of process

delivery of complaint and summons to defendant

Default judgment

when the defendant fails to respond to allegations and therefore judgement is in favor of plaintiff 

Motion to dismiss (pretrial motion)

request by defendant to dismiss case for stated reasons/ cause of action has no basis in law (ie plaintiff didn’t suffer any injuries)

Counterclaim

defendant suing the plaintiff

Motion for judgment on pleadings (before discovery - pretrial motion)

made by either party to request court to decide the issue solely based on pleadings without proceeding to trial ; only if no facts are in dispute

Deposition

sworn testimony of parties in lawsuit or by witnesses

Discovery

method where all parties obtain necessary info from each other to prepare for trial

Motion for summary judgment (after discovery - pretrial motion)

courts may consider outside of pleadings (ie sworn witness statements); granted only if no question of fact 

Interrogatories

written questions and answers, signed under oath to be given to other party

Voir dire

jury selection to find biased jurors

Motion for new trial (Posttrial motion)

loser asks judge for new trial, only if judge is convinced jury was wrong or new evidence is discovered

Motion for judgment n.o.v

jury’s verdict was unreasonable and wrong

Motion for directed verdict

in favor for defendant - plaintiff has no evidence that would justify granting remedy

Types of alternative dispute resolution

negotiation, mediation, arbitration

Negotiation

simplest - attempts to settle disputes informally with or w/o attorneys

Mediation

non binding; brings in 3rd party that works with both sides to facilitate resolution

Arbitration

binding; third party to hear and decide on dispute

Arbitration clauses

if there’s a dispute that arises it’ll be settled with arbitration rather than litigation

Awards

at the trail - if jury is in favor of plaintiff, they’ll decide on amount to award

• after closing arguments

“The Appeal”

• filing for appeal

• appellate review

• appeal to higher appellate court

• enforcing judgement (plaintiff who wins damages award has no guarantee of collecting it)

State court systems

consists of trial and appellate courts

Trial courts

entry level court where trials are held and testimonies are taken; judge or jury makes decisions based on facts 

• general jurisdiction varies from civil to criminal

• limited is like domestic relations, small claims

Appellate courts 

review questions of law, not question of fact

Jurisdiction over persons or property

authority to decide dispute involving person or business that resides in court’s geographic area

• in rem jurisdiction- against the thing; court jurisdiction over property located within its borders

• in personam jurisdiction - against the person; court jurisdiction over person/business residing in area

Jurisdiction over Subject matter

authority of court to hear and decide certain types of disputes

• ex: probate and bankruptcy court 

• can but limited by subject of lawsuit, sum in controversy, felony vs misdemeanor, trial or appeal

Original jurisdiction

courts where lawsuits begin (ie trial courts or district courts)

Appellate jurisdiction

court of appeals reviewing prior decision in same case made by lower court; cases brought on appeal

Federal Court System

US district courts (entry level courts equivalent to state trial courts)

US courts of appeals (13 circuit courts)

US Supreme court (review any case decided by federal courts of appeals, 9 justices, rule of 4)

• appellate authority over state court decisions