Intro to Paralegal - CH 6

Key Concepts in American Law and Court Systems

Standing to Sue

  • Definition: A sufficient stake in a controversy to justify bringing a lawsuit.

  • Requirements: The plaintiff must demonstrate an injury or a threat of injury.

  • Example: A friend of a client/party injured due to a defective product (e.g., brakes) can sue the manufacturer. However, another party who feels bad about the incident but is not directly affected does not have standing.

  • Representation: Certain individuals (e.g., parents) can have standing to sue on behalf of others (e.g., minors).

Justiciable Controversy

  • Definition: A controversy that is real and substantial, as opposed to being hypothetical or academic.

  • Example: Parents cannot sue over fear that their child’s toy could cause future injury; they can only act if an actual injury occurs.

Structure of the American Courts

  • Overview of the court system, including the distinction between public and private dispute resolution mechanisms.

  • American law is based on:

    • Case decisions and legal principles (common law)

    • Federal and state constitutions

    • Statutes and administrative law

    • International law in some instances.

  • Court Systems: There are 52 court systems: one for each state plus federal and D.C. systems.

Alternative Dispute Resolution (ADR)

  • Reasons for ADR include reducing costs, time, and publicity associated with court trials.

  • Overview of various ADR methods and the roles of attorneys and paralegals.

Judicial Requirements for Lawsuits

  • Introduction: Requirements that must be met before a lawsuit can be initiated, with a focus on standing to sue and jurisdiction.

  • Standing to Sue: A party must have a legally protected interest.

Types of Jurisdiction

  • Definition: The authority of a court to hear and decide specific cases.

  • Long Arm Statute: A state statute permitting jurisdiction over nonresidents based on minimum contacts with that state.

Personal Jurisdiction ((in personam jurisdiction))

  • Generally exercised over residents of a specific geographic area.

  • Example: A California citizen causing an injury in Arizona allows Arizona courts to exercise jurisdiction.

  • For corporations, jurisdiction depends on minimum contacts with a state.

In Rem Jurisdiction

  • Jurisdiction over property within court boundaries, regardless of the parties’ location.

  • Example: A dispute in Florida over a boat docked there, even involving parties from Ohio and Nebraska.

Subject Matter Jurisdiction

  • Jurisdiction related to the nature of the case (e.g., civil vs. criminal) and specific subject matter.

  • Types:

    • General jurisdiction: Covers wide subjects (e.g., district, superior courts).

    • Limited jurisdiction: Only addresses specific matters (e.g., probate, bankruptcy).

Original vs. Appellate Jurisdiction

  • Original Jurisdiction: Authority to hear a case for the first time, typical of trial courts.

  • Appellate Jurisdiction: Authority to review decisions from lower courts.

Jurisdiction of Federal Courts

  • Federal Question Jurisdiction: Jurisdiction arises when cases involve constitutional or federal law issues.

  • Diversity Jurisdiction: Jurisdiction based on parties being from different states with claims exceeding $75,000.

  • Concurrent vs. Exclusive Jurisdiction:

    • Concurrent: Cases that can be heard in both state and federal courts.

    • Exclusive: Cases that can only be heard in a specific court type.

Cyberspace Jurisdiction

  • Issues arise with online communications regarding minimum contact and jurisdiction.

  • Example: An Idaho resident ordering goods online from a New Mexico company gives Idaho jurisdiction due to the transaction.

Venue

  • The most appropriate location for a trial, typically where the parties reside or the incident occurred.

  • Example: Change of venue may be required in high-profile cases for fair trial rights.

Judicial Procedures

  • Federal and state courts operate under specific procedural rules, with federal cases governed by the Federal Rules of Civil Procedure.

  • Trial Courts: Hear cases and present evidence, can be of general or limited jurisdiction.

  • Appellate Courts: Review trial court decisions for reversible errors of law, not fact.

Alternative Dispute Resolution Methods

  • Negotiation: Directly between parties to reach a settlement.

  • Mediation: Involves a neutral third party to facilitate an agreement without binding rulings.

  • Arbitration: A more formal process where an arbitrator issues a binding decision.

    • Example: Commercial contracts often include arbitration clauses for dispute resolution.

Additional ADR Forms

  • Binding Mediation: Where the mediator provides a binding decision if no agreement is reached.

  • Mini-Trials: A short presentation of each side’s case before a neutral party giving an opinion.

  • Collaborative Law: All parties meet to resolve issues without litigation, with lawyers acting as guides.

  • Court-Referred ADR: Courts may require mediation amid litigation.

Example Scenarios and Legal Vocabulary

  • Example 6-1: Standing based on direct injury versus emotional distress.

  • Example 6-9: Diversity action allowing for federal court jurisdiction due to citizen status and damages exceeding jurisdictional limits.

  • Key Terms:

    • Arbitration Clause: Contractual provision outlining arbitration process in case of disputes.

    • Settlement Agreement: Documentation of agreement reached outside of litigation, requiring court approval in many cases.

Essential Points in Litigation and ADR

  • Most cases settle before trial, often through some form of ADR.

  • The paralegal's role can be crucial in both litigation and ADR processes.

  • Effective preparation for ADR involves clear communication and structured approaches to negotiation.