Chapter 2 The Court System and Dispute Resolution Twomey, Business Law and the Regulatory Environment (14th Ed.)

Chapter 22 (c) 2000 West Legal Studies Federal Court System [2-1] The Supreme Court of the United States Review is usually at discretion of Supreme Court Federal District Courts Specialty Courts Tax Court Indian Tribal Court Bankruptcy Court review United States Courts of Appeals (Circuit courts Jurisdiction by Geographic Area; Court of Appeals for The Federal Circuit Nationwide Jurisdiction by Subject Matter )

Chapter 23 (c) 2000 West Legal Studies State Court Systems [2-2] United States Supreme Court State Supreme Court Possible Appeal State Court of Appeals General Trial Court (County, Circuit & Superior Court) Specialty Courts JuvenileProbate Domestic Relations City or Municipal (Traffic) Small Claims Other Courts

Chapter 24 (c) 2000 West Legal Studies Steps in Litigation [2-3] 1.Complaint by plaintiff 2.Service of process on defendant 3.Defendant’s answer 4. Discovery 5.Motion for summary judgment (if no factual issues) Deny Counterclaim Admit Depositions Interrogatories Request for production

Chapter 25 (c) 2000 West Legal Studies 6. Trial a. Jury selection b. Opening statements c. Plaintiff’s case Steps in Litigation [2-3] (cont’d) Voir dire Challenge for cause Peremptory challenge Direct Cross Redirect Recross

Chapter 26 (c) 2000 West Legal Studies d. Motion for directed verdict e. Defendant’s case f. Summation g. Jury instructions h. Jury verdict or mistrial (deadlocked) i. Motion for new trial or judgment j. Recovery—fees, execution garnishment Steps in Litigation [2-3] (cont’d)

Chapter 27 (c) 2000 West Legal Studies Alternatives to Litigation for Dispute Resolution [2-4] Dispute Non-governmental procedure Federal State Arbitration Mediation Reference to referee Association tribunal Summary jury trial Rent-a-judge Minitrial Court

Chapter 28 (c) 2000 West Legal Studies Chapter 2 Summary Courts have been created to hear and resolve legal disputes. A court’s specific power is defined by its jurisdiction. Courts of original jurisdiction are trial courts, and courts that review the decisions of trial courts are appellate courts. Trial courts may have general jurisdiction to hear a wide range of civil and criminal matters, or they may be courts of limited jurisdiction, with the subject matter of their cases restricted to certain areas, such as a probate court or the Tax Court.

Chapter 29 (c) 2000 West Legal Studies The courts in the United States are organized into two different systems: the state and federal court systems. There are three levels of courts, for the most part, in each system, with trial courts, appellate courts, and a supreme court in each. In the state system there are specialized courts, such as municipal, justice, and small claims courts. The federal courts are called federal district courts, federal Courts of Appeals, and the U.S. Supreme Court. In the states there may be specialized courts, such as municipal, justice, and small claims courts. Chapter 2 Summary [2]

Chapter 210 (c) 2000 West Legal Studies Within the courts of original jurisdiction, there are rules for procedures in all matters brought before them. A civil case begins with the filing of a complaint by a plaintiff, which is then answered by a defendant. The parties may be represented by their attorneys. Discovery is the pretrial process used by the parties to find out the evidence in the case. The parties can use depositions, interrogatories, and document requests in order to uncover relevant information. Chapter 2 Summary [3]

Chapter 211 (c) 2000 West Legal Studies The case is managed by a judge and may be tried to a jury selected through the process of voir dire, with the parties permitted to challenge jurors on the basis of cause or through the use of their peremptory challenges. The trial begins following discovery and will involve opening statements and the presentation of evidence, including the direct and cross-examination of witnesses. Once a judgment is entered, the party who has won can collect the judgment through garnishment and a writ of execution. Chapter 2 Summary [4]

Chapter 212 (c) 2000 West Legal Studies There are alternatives to litigation for dispute resolution, and they include arbitration, mediation, reference to a third party, association tribunals, summary jury trials, rent-a-judge plans, mini-trials, and the use of ombudsmen. Chapter 2 Summary [5]