Courts and Alternative Dispute Resolution Chapter 2

Judicial Review Judicial Review was established by the U.S. Supreme Court in Marbury v. Madison (1803) where Chief Justice Marshall wrote: –“It is emphatically the province and duty of the judiciary to say what the law is….”

Jurisdiction The authority of a court to hear and decide a specific action juris = “law” + diction = “to speak”. The “judicial power” or authority to act.

Personal Jurisdiction Personal (or in personam) jurisdiction primarily is based on geography. Courts have personal jurisdiction over persons residing and/or doing business within a particular county, district, or state.

Personal Jurisdiction Long-Arm Statutes nonresidents of a state subject to courts in other state based on “minimum contacts” See Case 3.1 (page 68)

Personal Jurisdiction “Where” is business on the internet located? “Sliding Scale Test” Substantial business conducted within state Some interactivity Passive advertising

Subject Matter Jurisdiction The authority of a court to hear and decide the particular dispute before it. A court’s subject matter jurisdiction is usually defined in the statute or constitution creating the court.

Subject Matter Jurisdiction Limits to a trial court’s subject matter jurisdiction: –The amount in controversy –The subject of the lawsuit –Whether the crime alleged is a misdemeanor or felony

Subject Matter Jurisdiction Concurrent Jurisdiction - When one or more federal court and one or more state court have subject matter jurisdiction over the same dispute.

Jurisdiction of Federal Courts Federal district courts have two types of subject matter jurisdiction: –Federal question jurisdiction –Diversity jurisdiction

Jurisdiction of Federal Courts Federal Question Jurisdiction –Arises if a case involves an alleged violation of the U.S. Constitution, federal statute or regulation, or a treaty.

Jurisdiction of Federal Courts Diversity Jurisdiction: –The amount in controversy exceeds $75,000; and –The lawsuit is between citizens of different states or citizens of a state and citizens of a foreign country.

Exclusive and Concurrent Jurisdiction

Structure of Federal Courts and Most State Court Systems Supreme Court Courts of Appeals District Courts

Original Jurisdiction The authority of a court to hear and decide a dispute in the first instance. Generally speaking, trial courts are courts of original jurisdiction, although the Supreme Court of the United States has original jurisdiction over a few types of disputes.

Appellate Jurisdiction The authority of a court to review a prior decision in the same case made by another court. The decision is binding on that court and any court below it.

Appellate Jurisdiction Appellate courts do not: –have a witness stand –have a jury box –hear any new testimony –admit any new evidence

Appellate Jurisdiction The party that loses before an intermediate appellate court may appeal that court’s ruling to the jurisdiction’s supreme court or its equivalent. However, supreme court review is optional by the supreme court.

U. S. Courts of Appeals and U. S. District Courts

Supreme Court Review Discretionary Review (Writ of Certiorari) Rule of Four Petitions Granted Usually: -Important Constitutional Question -Conflict with other state or federal decisions

Texas Court System

Venue Within a particular jurisdiction, the most appropriate location for a trial to be held and from which a jury will be selected.

Standing to Sue Standing An individual must have a legal and tangible stake in the controversy Justiciable controversy The controversy must be actual (the courts will not decide a hypothetical situation)

Alternative Dispute Resolution Alternative Dispute Resolution (or “ADR”) is a variety of methods that seek to resolve disputes without resorting to a costly jury trial.

Alternative Dispute Resolution Negotiation - between the parties directly, with or without attorneys.

Alternative Dispute Resolution Mediation - Non-binding procedure utilizing the services of a neutral third party to assist negotiations.

Alternative Dispute Resolution Arbitration - A binding form of mediation utilizing either one person or a panel of persons chosen by the court or agreed to by the parties (or both).

Courts and Alternative Dispute Resolution End of Chapter 2