Professional Documents
Culture Documents
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
THE JUDICIARY’S ROLE IN
AMERICAN GOVERNMENT (2 OF 2)
Judicial review was established by the
U.S. Supreme Court in Marbury v.
Madison (1803).
Supreme Court decided that
• They decide constitutional disputes
• Other branches usually follow, but…
The power of judicial review is exercised
Personal Jurisdiction
Subject Matter Jurisdiction
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BASIC JUDICIAL REQUIREMENTS (2 OF
19)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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BASIC JUDICIAL REQUIREMENTS (6 OF
19)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
BASIC JUDICIAL REQUIREMENTS (7 OF
19)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
BASIC JUDICIAL REQUIREMENTS (8 OF
19)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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BASIC JUDICIAL REQUIREMENTS (9 OF
19)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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BASIC JUDICIAL REQUIREMENTS (14 OF
19)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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BASIC JUDICIAL REQUIREMENTS (15 OF
19)
Some Substantial
Passive
Interaction Business
Web site
Interaction
No Yes
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BASIC JUDICIAL REQUIREMENTS (16 OF
19)
“Sliding-Scale” Standard:
When the defendant conducts substantial business
over the Internet, jurisdiction is proper.
When there is some interactivity through a Web
site, jurisdiction may be proper, depending on the
circumstances.
When a defendant merely engages in passive
advertising on the Internet, jurisdiction is never
proper.
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
BASIC JUDICIAL REQUIREMENTS (17 OF
19)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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BASIC JUDICIAL REQUIREMENTS (19 OF
19)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
STATE AND FEDERAL COURT
SYSTEMS (1 OF 13)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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STATE AND FEDERAL COURT
SYSTEMS (2 OF 13)
No two state court systems are exactly
the same and may include:
Trial courts of limited jurisdiction.
Trial courts of general jurisdiction.
Appellate courts.
The state’s highest court.
Judges are usually elected by voters.
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
STATE AND FEDERAL COURT
SYSTEMS (3 OF 13)
State Court Systems:
Trial Courts: These have either general
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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STATE AND FEDERAL COURT
SYSTEMS (5 OF 13)
State Court Systems:
Highest State Courts: Decisions of each
state’s highest court on all questions of
state law are final.
U.S. Supreme Court can overrule
decisions on issues involving federal law.
Federalism means Autonomous States
join together in union, same in Australia
But states reserve much independence
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STATE AND FEDERAL COURT
SYSTEMS (6 OF 13)
Federal Court System:
Basically three-tiered system:
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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STATE AND FEDERAL COURT
SYSTEMS (9 OF 13)
U.S. District Courts: Trial courts of
general jurisdiction. Each state, the
District of Columbia, and certain other
U.S. territories and possessions have at
least one “district.”
U.S. Courts of Appeals: Courts that hear
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
§4: ALTERNATIVE DISPUTE
RESOLUTION
(1 OF 11)
Litigation is expensive and time
consuming. Years may pass before a
case is tried due to the backlog of
pending cases in many courts.
ADR methods are inexpensive,
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ALTERNATIVE DISPUTE RESOLUTION
(2 OF 11)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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ALTERNATIVE DISPUTE RESOLUTION
(3 OF 11)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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ALTERNATIVE DISPUTE RESOLUTION
(4 OF 11)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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ALTERNATIVE DISPUTE RESOLUTION
(5 OF 11)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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ALTERNATIVE DISPUTE RESOLUTION
(6 OF 11)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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ALTERNATIVE DISPUTE RESOLUTION
(7 OF 11)
Arbitration Statutes:
Uniform Arbitration Act of 1955.
Federal Arbitration Act.
CASE IN POINT 2.8 CLEVELAND
CONSTRUCTION, INC. V. LEVCO
CONSTRUCTION, INC. (2012).
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 42
ALTERNATIVE DISPUTE RESOLUTION
(8 OF 11)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 43
ALTERNATIVE DISPUTE RESOLUTION
(9 OF 11)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. 44
ALTERNATIVE DISPUTE RESOLUTION
(10 OF 11)
© 2018 Cengage. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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