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

2. 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.

3. 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

4. Virginia Trial Courts

5. 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.

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

7. 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

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

9. U.S District Court

10. 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

11. 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.

12. VA Court of Appeals 11 judges -8 year terms
Sits in panels of at least 3 judges, rotate composition of the panels
Jurisdiction: hears all civil and civil cases coming out of circuit court except where death penalty is imposed.
Original jurisdiction: writs of mandamus and habeas corpus

13. US Court of Appeals
Appeals from US District Court

14. 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.

15. VA Supreme Court Seven justices-12 year terms
Appellate jurisdiction from VA Court of Appeals, but not as a right except in cases involving attorney disbarment, and death penalty cases

16. US Supreme Court 9 justices, life tenure
Constitutional Origin. Article III, §1, of the Constitution provides that "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court of the United States was created in accordance with this provision and by authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, 1790.

17. 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;-

18. 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.

19. 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 7, 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.

20. Out of the 7-8,000 petitions for writ of certiorari only about 80 are actually heard

21. 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.

22. 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.

23. 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

24. 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.

25. 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.

26. 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).

27. 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.

28. 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.