Professional Documents
Culture Documents
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COURTS AND ALTERNATIVE
DISPUTE RESOLUTION
CHAPTER 2
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LEARNING OBJECTIVES
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LEARNING OBJECTIVES (CONT’D)
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INTRODUCTION
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BASIC JUDICIAL REQUIREMENTS
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BASIC JUDICIAL REQUIREMENTS
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
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BASIC JUDICIAL REQUIREMENTS
• Federal Jurisdiction
• Based, at least in part, on the U.S.
Constitution, a treaty, or a federal law, or
• Diversity of citizenship (e.g., citizens of
different states) and the amount in
controversy exceeds $75,000
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
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BASIC JUDICIAL REQUIREMENTS
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
protected website for classroom use.
EXHIBIT 2.1
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BASIC JUDICIAL REQUIREMENTS
• Jurisdiction in Cyberspace
• Because the Internet does not have
physical boundaries, courts are
developing standards to determine
personal jurisdiction based on Web
activities:
• Sliding-scale standard
• International jurisdictional issues
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
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BASIC JUDICIAL REQUIREMENTS
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
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THE STATE AND FEDERAL
COURT SYSTEMS
• There are 52 court systems—one for
each of the 50 states, the District of
Columbia, and a federal.
• Generally, any person who is a party to
a lawsuit has the opportunity to plead
the case before a trial court and if he
or she loses, before at least one level
of appellate court.
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THE STATE AND FEDERAL
COURT SYSTEMS
• The State Court Systems
• State courts may include:
• Trial courts of limited jurisdiction
• Trial courts of general jurisdiction
• Appellate courts
• The state’s highest court (often called the state supreme
court)
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EXHIBIT 2.2
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
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THE STATE AND FEDERAL
COURT SYSTEMS
Trial courts
• Courts of original jurisdiction
• Legal actions are initiated
• Trials are held and testimony taken
• Also called county, district, superior, or
circuit courts
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THE STATE AND FEDERAL
COURT SYSTEMS
Appellate courts
• Courts of appeals, or reviewing courts
• Generally do not have original
jurisdiction or conduct trials
• Focus on a question of law, not facts
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THE STATE AND FEDERAL
COURT SYSTEMS
• The Federal Court System
• A three-tiered model:
• U.S. district courts (trial courts of general jurisdiction) and
various courts of limited jurisdiction
• U.S. courts of appeals (intermediate courts of appeals
• United States Supreme Court
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
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EXHIBIT 2.3
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FOLLOWING A STATE COURT CASE
• Pretrial Procedures
• Pleadings—issues in the case
• Summons—complaint served on the defendant
• Defendant’s answer—response to complaint
• Pretrial motions—include motion to dismiss,
judgment on the pleadings, summary judgment
• Discovery—gathering of information: e.g.,
witnesses, documents, records
• E-evidence can reveal significant facts that are not
discoverable by other means.
• E-discovery has significant advantages over paper discovery,
including smartphone texts and social media.
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FOLLOWING A STATE COURT CASE
• The Trial
• Opening arguments
• Plaintiff’s case presented
• Defendant’s case presented
• Cross examination
• Closing arguments
• Verdict and awards
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FOLLOWING A STATE COURT CASE
• Posttrial Motions
• Granted only if the judge considers the jury’s
verdict erroneous or unreasonable:
• Motion for judgment
• Motion for new trial
• The Appeal
• A party must have legitimate grounds to file an
appeal and must be able to claim that the lower
court committed an error.
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THE COURTS ADAPT TO THE
ONLINE WORLD
• Electronic Filing
• Available in nearly all federal courts; most states
have some form of it
• Courts Online
• Most courts have Web sites; some decisions
posted online
• Cyber Courts and Proceedings
• Someday judicial proceeding may take place
only on the Internet.
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ALTERNATIVE DISPUTE
RESOLUTION
Litigation is expensive and time
consuming, so many businesspersons
are turning to alternative dispute
resolution (ADR) as a means of settling
their disputes. Three forms of ADR:
• Negotiation
• Mediation
• Arbitration
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ALTERNATIVE DISPUTE
RESOLUTION
• Negotiation
• In negotiation, the parties come together, with or
without attorneys to represent them, and try to
reach a settlement.
• Mediation
• In mediation, the parties themselves reach an
agreement with the help of a neutral third party,
called a mediator. The mediator may propose a
solution but does not make a decision resolving
the matter.
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ALTERNATIVE DISPUTE
RESOLUTION
• Arbitration
• Arbitration is a more formal method in
which the parties submit their dispute to a
neutral third party, the arbitrator, who
renders a decision. The decision may or
may not be legally binding, depending
on the circumstances.
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ALTERNATIVE DISPUTE
RESOLUTION
• Providers of ADR Services
• Provided by government agencies and
private organizations.
• Online Dispute Resolution
• The settlement of disputes by groups
offering dispute-resolution services online
are called online dispute resolution (ODR).
© 2016 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-
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EXHIBIT 2.4
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