Venue Venue is concerned with the most appropriate location for the trial. Generally, proper venue is whether the injury occurred.

Standing to Sue In order to bring a lawsuit, a party must have “standing” to sue. Standing is sufficient “stake” in the controversy; party must have suffered a legal injury.

Trial Courts Courts of record”-court reporters. Opening and closing arguments. Juries are selected. Evidence, such as witness testimony, physical objects, documents, and pictures, is introduced. Witnesses are examined and cross-examined. Verdicts and Judgments are rendered

Virginia Trial Courts

General District Court There is a general district court in each city and county in Virginia. Subject Matter Jurisdiction: handles traffic violations, hears minor criminal cases known as misdemeanors, and conducts preliminary hearings for more serious criminal cases called felonies.

Exclusive jurisdiction of civil cases with claims of $4,500 or less  Concurrent jurisdiction with the circuit courts to hear cases with claims between $4,500 and $25,000

VA Circuit Court There is a circuit court in each city and county in Virginia Subject matter jurisdiction: all civil cases with claims of more than $25,000 serious criminal cases called felonies. Divorce

Appeals from the general district court and from the juvenile and domestic relations district court

U.S District Court

DISTRICT COURTS trial courts of the federal court system 94 federal judicial districts Subject matter jurisdiction:  DIVERSITY of CITIZENSHIP-federal court's power to hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. FEDERAL QUESTION

Appellate Courts Middle level of the court systems. Review proceedings conducted in the trial court to determine whether the trial was according to the procedural and substantive rules of law. Generally, appellate courts will consider questions of law, but not questions of fact.

VA Court of Appeals The Court of Appeals consists of eleven judges who are elected for eight year terms by a majority of the members of each house of the General Assembly. The Court normally sits in four locations: Alexandria, Chesapeake, Richmond and Salem.

The Court of Appeals sits in panels of at least three judges.

Subject Matter jurisdiction: any final judgment, order, or decree of a circuit court involving affirmance or annulment of a marriage, divorce, custody, spousal or child support, control or disposition of a child and adoption, as well as other domestic relations cases; final orders of conviction in traffic and criminal matters except where a sentence of death is imposed

U.S. Court of Appeals

A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies.

Supreme Courts Also known as courts of last resort. The two most fundamental ways to have your case heard in a supreme court are: Appeals of Right. By Writ of Certiorari.

VA Supreme Court primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed Virginia does not allow an appeal to the Supreme Court as a matter of right except review of the death penalty.

US Supreme Court The Supreme Court consists of the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. The number of Associate Justices is currently fixed at eight

 Power to nominate the Justices is vested in the President of the United States, and appointments are made with the advice and consent of the Senate. Article III, §1, of the Constitution further provides that "[t]he Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."

Jurisdiction. According to the Constitution (Art Jurisdiction. According to the Constitution (Art. III, §2): "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public Ministers and Consuls;

to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States;—between a State and Citizens of another State;-between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects

The Term. The Term of the Court begins, by law, on the first Monday in October and lasts until the first Monday in October of the next year. Approximately 10,000 petitions are filed with the Court in the course of a Term. In addition, some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice.

Marbury v Madison

Alternative Dispute Resolution Trials are a means of dispute resolution that are very expensive and sometimes take many months to resolve. There are “alternative dispute resolution” (ADR) methods to resolve disputes that are inexpensive, relatively quick and leave more control with the parties involved.

ADR ADR describes any procedure or device for resolving disputes other than the traditional judicial process. Unless court-ordered, there is no record which is an important factor in commercial litigation due to trade secrets. Most common: negotiation, mediation, arbitration.

Negotiation Less than 10% of cases reach trial. Negotiation is informal discussion of the parties, sometimes without attorneys, where differences are aired with the goal of coming to a “meeting of the minds” in resolving the case. Successful negotiation involves thorough preparation, from a position of strength

Assisted Negotiation Mini-Trial: Attorneys for each side informally present their case before a mutually agreed-upon neutral 3rd party (e.g., a retired judge) who renders a non-binding “verdict.” This facilitates further discussion and settlement. Expert evaluations. Conciliation: 3rd party assists in reconciling differences.

Mediation Involves a neutral 3rd party (mediator). Mediator talks face-to-face with parties (who typically are in different adjoining rooms) to determine “common ground.” Advantages: few rules, customize process, parties control results (win-win). Disadvantages: mediator fees, no sanctions or deadlines.

Arbitration Mandatory Employment Arbitration. Settling of a dispute by a neutral 3rd party (arbitrator) who renders a legally-binding decision; usually an expert or well-respected government official. Arbitration Clauses and Statutes. Arbitrability of the Case. Case 2.3: Morrison v. Circuit City Stores, Inc. (2003).

Arbitration Disadvantages Results may be unpredictable because arbitrators do not have to follow precedent or rules of procedure or evidence. Arbitrators do not have to issue written opinions. Generally, no discovery available.

Arbitration Process Case begins with a submission to an arbitrator. Next comes the hearing where parties present evidence and arguments. Finally, the arbitrator renders an award. Courts are not involved in arbitration unless an arbitration clause in a contract needs enforcement.