1. Chapter 3 Traditional and Online Dispute Resolution

2. 2  What is judicial review? How and when was judicial review established?  What is jurisdiction and how do courts use jurisdiction on internet transactions?  What is the difference between a trial court and an appellate court?  What are pleadings? Discovery?  How is internet used to resolve disputes?  What is judicial review? How and when was judicial review established?  What is jurisdiction and how do courts use jurisdiction on internet transactions?  What is the difference between a trial court and an appellate court?  What are pleadings? Discovery?  How is internet used to resolve disputes? Learning Objectives

3. 3 Judiciary’s Role  Judiciary interprets and applies law to resolve disputes.  Judicial Review is not mentioned in the Constitution but established in Marbury v. Madison (1803). Power of the court to “decide what the law is.” Process by which a court decides upon constitutionality of legislative enactments and executive actions.  Judiciary interprets and applies law to resolve disputes.  Judicial Review is not mentioned in the Constitution but established in Marbury v. Madison (1803). Power of the court to “decide what the law is.” Process by which a court decides upon constitutionality of legislative enactments and executive actions.

4. 4 Basic Judicial Requirements  Jurisdiction—power of a court to decide a case.  Personal Jurisdiction over people within a court’s geographical area. Long-Arm statutes give jurisdiction over non- residents with “minimum contacts” with court’s geographical area. Corporations: minimum contact if business is transaction within the area.  Jurisdiction—power of a court to decide a case.  Personal Jurisdiction over people within a court’s geographical area. Long-Arm statutes give jurisdiction over non- residents with “minimum contacts” with court’s geographical area. Corporations: minimum contact if business is transaction within the area.

5. 5 Basic Judicial Requirements  In Rem Jurisdiction over property located within the court’s geographical area.  Subject Matter Jurisdiction over particular types of cases. Defined by statute: Probate, bankruptcy, divorce, etc.  Original and Appellate Jurisdiction.  In Rem Jurisdiction over property located within the court’s geographical area.  Subject Matter Jurisdiction over particular types of cases. Defined by statute: Probate, bankruptcy, divorce, etc.  Original and Appellate Jurisdiction.

6. 6 Basic Judicial Requirements  Federal Courts can exercise jurisdiction over cases involving: Federal Questions Diversity of Citizenship Parties from different states involving at least $75,000 Bankruptcy, patents and suits between states.  Concurrent jurisdiction with state courts.  Federal Courts can exercise jurisdiction over cases involving: Federal Questions Diversity of Citizenship Parties from different states involving at least $75,000 Bankruptcy, patents and suits between states.  Concurrent jurisdiction with state courts.

7. 7 Jurisdiction in Cyberspace  Internet transcends geographical and political borders.  Courts use the “sliding-scale” approach to determine jurisdiction.  Internet transcends geographical and political borders.  Courts use the “sliding-scale” approach to determine jurisdiction. Passive AdsE-CommerceSome Business Yes No Depends

8. 8 Basic Judicial Requirements  Venue—most appropriate location for a trial. Court balances parties interests.  Standing to Sue—plaintiff must have a legally protected and tangible interest which has been injured.  Venue—most appropriate location for a trial. Court balances parties interests.  Standing to Sue—plaintiff must have a legally protected and tangible interest which has been injured.

9. 9 State and Federal Court Systems State Supreme Court State Appellate Courts State Trial Courts Municipal Courts U.S. Supreme Court U.S. Courts of Appeal U.S. District Courts U.S. Specialized Federal Admin.

10. 10 Civil Procedures in State Court  Pleadings Plaintiff’s Complaint Summons Defendant’s Answer /Motion to Dismiss  Pre-Trial Motions Motion for Judgment on the Pleadings Motion for Summary Judgment  Pleadings Plaintiff’s Complaint Summons Defendant’s Answer /Motion to Dismiss  Pre-Trial Motions Motion for Judgment on the Pleadings Motion for Summary Judgment

11. 11 Civil Procedures in State Court  Discovery Depositions and Interrogatories Requests for Documents Requests for Admission  Pre-Trial Conference  Jury Selection (Voir Dire)  Discovery Depositions and Interrogatories Requests for Documents Requests for Admission  Pre-Trial Conference  Jury Selection (Voir Dire)

12. 12 Civil Procedures in State Court  Trial Opening arguments Plaintiff’s Case in Chief Defense cross-examines Plaintiff’s witnesses Defense Case in Chief Plaintiff cross-examines Defense witnesses Closing Arguments  Verdict / Motion JNOV /Judgment  Appeal  Trial Opening arguments Plaintiff’s Case in Chief Defense cross-examines Plaintiff’s witnesses Defense Case in Chief Plaintiff cross-examines Defense witnesses Closing Arguments  Verdict / Motion JNOV /Judgment  Appeal

13. 13 Alternatives to Court  Electronic Filing  Courts Online (websites, court dockets)  Cyber Courts and Online Dispute Resolution (Michigan legislation)  Alternative Dispute Resolution (ADR) Negotiation Mediation Arbitration (employment contracts)  Electronic Filing  Courts Online (websites, court dockets)  Cyber Courts and Online Dispute Resolution (Michigan legislation)  Alternative Dispute Resolution (ADR) Negotiation Mediation Arbitration (employment contracts)