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P A R T P A R T Foundations of American Law The Nature of Law The Resolution of Private Disputes Business and The Constitution Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking 1 McGraw-Hill/Irwin Business Law, 13/e © 2007 The McGraw-Hill Companies, Inc. All rights reserved.
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The Resolution of Private Disputes PA E TR HC 2 “In case of dissension, never dare to judge till you have heard the other side.” Euripides
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Learning Objectives State courts and their jurisdiction Federal courts and their jurisdiction Civil Procedure Alternative Dispute Resolution 2 - 4
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The United States has a federal court system and each state has a court system Jurisdiction (the power to hear and speak) may be original (trial) or appellate (reviews trial court) Entry into the Federal court system begins at the District court level and proceeds through appellate courts to U.S. Supreme Court The U.S. Judicial System 2 - 5
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Court Hierarchy U.S. Supreme Court Courts of Appeals District Courts FEDERAL 2 - 6 Supreme Court Appeals Courts District Courts County Courts Small Claims Courts STATE Limited Jurisdiction Courts (state or federal)
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General jurisdiction courts (i.e., trial courts) hear most types of cases Limited jurisdiction courts hear specialized types of cases (family, tax, traffic) Subject-matter jurisdiction refers to a court’s authority to hear a particular type of dispute General vs. Limited Jurisdiction 2 - 7
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In addition to subject-matter jurisdiction, a court must have either: In personam jurisdiction: defendant must be resident of, located within, or committed acts within physical boundaries of court authority In rem jurisdiction: property that is subject of dispute is located within physical boundaries of court authority In Personam or In Rem Jurisdiction 2 - 8
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Federal courts must have jurisdiction based on diversity or federal question Diversity jurisdiction exists when the dispute is between citizens of different states and amount in controversy exceeds $75,000 Federal question jurisdiction exists when the dispute arises under the Constitution, laws, or treaties of the United States Federal Court Jurisdiction 2 - 9
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Civil Procedure In an adversarial system, the plaintiff bears the burden of proof to prove his/her case by a preponderance of the evidence Burden may shift to defendant Pre-trial process moves through phases: action or omission causes harm, complaint filed, defendant served with summons, defendant files answer, discovery, pre-trial motions 2 - 10
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Jury selection Opening statements Evidence through witnesses (direct and cross-examination) Closing arguments Jury verdict Civil Trial Procedure 2 - 11
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Trier of Fact (jury or judge) sees material evidence (physical objects, documents), hears testimony of witnesses (who provide factual evidence), and decides outcome of the case based on facts Matters of law are issues not of fact, but of law; matters of law decided only by a judge Civil Trial Procedure 2 - 12
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After a judgment has been entered, losing party may appeal decision to a higher court After a judgment, winning party must have the judgment executed (carried out) to obtain money, property, or action ordered by the court Civil Trial Post-Trial Procedure 2 - 13
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Alternate Dispute Resolution Arbitration : dispute settled by one or more arbitrators selected by the parties to a dispute; relatively formal; Uniform or Federal Arbitration acts typically used Mediation : parties choose neutral party to aid resolution of dispute Reference to Third Party : dispute resolution by rent-a-judge, minitrial, summary jury trial, or association tribunal 2 - 14
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Test Your Knowledge True=A, False = B A trial court has original jurisdiction and an appellate court has appellate jurisdiction The difference between general jurisdiction and limited jurisdiction is based on the amount in controversy (the damages amount) Subject-matter jurisdiction refers to a court’s authority to hear a particular type of dispute 2 - 15
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Test Your Knowledge True=A, False = B In personam jurisdiction refers to the court’s jurisdiction over the defendant, but in rem jurisdiction refers to the court’s jurisdiction over the property in dispute The burden of proof solely rests on the plaintiff Matters of law are determined by either the jury or the judge. 2 - 16
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Test Your Knowledge Multiple Choice Diversity jurisdiction refers to: (a) a jury pool reflecting ethnic makeup of city (b) a citizen’s lawsuit against the government (c) a lawsuit by a citizen of one state against a citizen of a different state After the verdict: (a) Either party may make post-verdict motions (b) The trial must end (c) The trial begins 2 - 17
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Test Your Knowledge Multiple Choice Alternative dispute resolution methods include: (a) Mediation (b) Arbitration (c) Summary jury trial (d) All of the above 2 - 18
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Test Your Knowledge Multiple Choice Discovery refers to: (a) the discovery that a dispute exists (b) the pre-trial process involving interrogatories, requests for admissions, and requests for documents (c) the analysis of fault in a dispute 2 - 19
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Thought Question If you were served with a lawsuit, what would you do about it? 2 - 20
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