THE PARALEGAL PROFESSIONAL PA101 Unit 3 Seminar

Discussion Board Tips Most units have more than 1 DB assignment - posting to each DB assignment is required. Make at least 3 substantive posts per week. Answer the main post in depth, and respond to other students in depth. Build upon another’s response. A substantive response is not just agreeing with or disagreeing with or simply complimenting another student. Explain why you agree or disagree. Add your take, ask questions, show links you found. Offer dialogue that relates to the objectives of our course and keep the conversation on track

Unit 3 Checklist: 1. Seminar 2. Discussion Board Assignments 3. Assignment: Power Point – Court System 4. Read Chapter 6 of your textbook.

Unit 5 Midterm Week No seminar Midterm Exam (like your quizzes but longer)

State Court System Organization Each state organizes its court system differently. 1. General Jurisdiction (original jurisdiction) 2. Specialty Court or Courts of Limited Jurisdiction (i.e., probate court, small-claim court) 3. Appellate Courts 4. Highest court? Supreme Court?

Federal Court System Organization 1. District Courts 2. Circuit Courts of Appeal 3. United States Supreme Court

VENUE Proper geographical location for the lawsuit to be heard. Forum or court in which case is to be tried. FEDERAL CASES – either the location of the defendant’s residence or location of where the incident occurred STATE CASES – look to state statutes but most states follow the federal rule

JURISDICTION A court’s right to adjudicate certain kinds of lawsuits. A court’s authority or power to hear and make decisions about a case. Jurisdiction determines where you can file your law suit and what court you can appeal to.

JURISDICTION The court must have jurisdiction to hear and decide a case. There are two types of jurisdiction:  Subject Matter Jurisdiction  Personal Jurisdiction

SUBJECT MATTER JURISDICTION To hear and decide a case, a court must have subject matter jurisdiction over the “type” of case being heard  Federal courts have jurisdiction to hear only certain types of cases (discussed later on)  Certain state courts (probate, small-claims) can only hear designated types of cases  If a court does not have subject matter jurisdiction it CANNOT hear the case

IN PERSONAM JURISDICITON Also known as personal jurisdiction. Power the court has over the defendant himself. If a court has IN PERSONAM jurisdiction then the court can impose a judgment against the defendant. Usually achieved by service of process.

IN REM JURISDICTION IN REM: Court’s power over property in that state.

IN PERSONAM VS. IN REM If a court has IN PERSONAM jurisdiction and renders a judgment against a defendant, the judgment binds that individual with regard to every property he or she possesses, even if the property is in another state If the court has IN REM jurisdiction over a piece of property and that property is owned by an individual who resides in another state, a judgment only affects the property and will not affect the person’s other assets in any way

Federal Court Jurisdiction? 1. Diversity 2. Federal Question

Diversity Jurisdiction 1. Amount in controversy must exceed $75,000 AND 2. Plaintiff and defendant must be citizens of different states. HINT: Include this information in your Unit 3 Assignment!

FEDERAL QUESTION Action brought to enforce a federal statute or the United States Constitution can be brought in federal court.

Court System PowerPoint Assignment Create a power point. There is a link in the assignment instructions with a tutorial if you are new to power point. Review the grading rubric in Doc Sharing. Accurately describe the names and relationship between the courts of the three-tier federal court system. (U.S. District Court, U.S. Circuit Court, U.S. Supreme Court.)

Court System PowerPoint Assignment cont’d Identify 3+ differences & similarities between the federal & state systems & explain these differences & similarities. Accurately describe the two bases for federal subject matter jurisdiction (diversity jurisdiction and federal question jurisdiction) & correctly analyze whether a case may be filed in federal court or must be filed in state court. No plagiarism! Put researched information into your own words (summarize & paraphrase) & include a reference slide at the end of your presentation identifying your sources.

Mediation – where the parties sit down with a neutral third party called a “mediator” and the mediator assists the parties in coming to a resolution of their dispute Arbitration – the submittal of a dispute by the parties to an impartial tribunal for resolution by one or more arbitrators ALTERNATIVE DISPUTE RESOLUTION (ADR)

Many court and administrative hearing rules now provide for mediation prior to proceeding with litigation In many courts, arbitration (or mediation) may be required by the court prior to obtaining a trial date Arbitration of smaller legal matters can reduce court backlog and provide a quicker and less expensive resolution for the parties

More informal resolution of disputes Mediator listens to both sides of the dispute Mediator does NOT give legal advice and does NOT express a decision in favor of one party or the other Mediator helps the parties to resolve the dispute themselves If successful, parties simply confirm the agreed-upon resolution through a written settlement agreement If unsuccessful, then the matter proceeds to arbitration or trial NO evidence of mediation or settlement negotiations can be admitted at trial MEDIATION

No winner or loser in a mediation. The mediator facilitates the parties at reaching their own solution The costs of discovery and trial preparation can be greatly reduced. The mediator will not hear witnesses or consider evidentiary exhibits, so the cost involved in preparing witnesses or exhibits can be reduced or eliminated depending upon the timing of the mediation Having the benefit of a neutral party to listen to and comment upon information provided is a useful way for parties to see the strengths and weaknesses of their individual positions ADVANTAGES OF MEDIATION

In an arbitration proceeding, an arbitrator hears both sides of a dispute The parties present evidence, call witnesses and conduct a proceeding similar to a trial At the conclusion of the arbitration, the arbitrator makes a ruling in favor of one party and against the other. This ruling is similar to a court judgment and is called the “arbitration award” Can occur as a result of a contract provision agreeing to arbitration in the event of a dispute OR by agreement of the parties to submit a dispute to arbitration ARBITRATION

Judicial – Arbitration through the court system. Unless otherwise agreed between the parties, judicial arbitration is NON-BINDING Private (Non-judicial) – Available through private agencies and paid for by the parties (e.g., American Arbitration Association). Generally BINDING TWO TYPES OF ARBITRATION

THE END Questions? Have a great week! Good luck!