MIS Test 2
MIS Test 2 MGMT 35400
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This 4 page Study Guide was uploaded by Olivia Ingram on Monday January 26, 2015. The Study Guide belongs to MGMT 35400 at Purdue University taught by Dr. Dejoie in Fall. Since its upload, it has received 177 views. For similar materials see Business Law in Business, management at Purdue University.
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Date Created: 01/26/15
Chapter 2 The Court System and Dispute Resolution A The Court System a Court tribunal established by government to hear evidence decide cases brought before it and provide remedies when a wrong has been committed B Types of Courts a Jurisdiction authority to hear cases i Subject matter jurisdiction type of cases that are allowed ii Original authority to hear original proceedings in a case iii General broad authority to hear general civil and criminal iv LimitedSpecial only particular types of cases juvenile probate domestic relations courts v Appellate reviews works of lower courts b Appeal review of the trial and decisions of the lower courts c Federal Court System i District courts general trial courts of the federal system of original jurisdiction and hear both civil and criminal matters civil suits against the US citizens of different states ii US Courts of Appeals nal decision in a federal district court is appealed en banc made by the circuits full panel ofjudges iii US Supreme Court nal court in the federal system in the US supreme Court grants writ of certiorari preliminary review of those cases appealed to decided whether a case will be heard or allowed to stand as ruled on by the lower courts only court created in the Constitution d State Court Systems i General Trial Courts ii Specialty Courts limited jurisdiction iii City Municipal justice Courts generally handle civil matters in which the claim made in the suit is an amount below a certain level 500010000 iv Small claims courts limited jurisdiction can have a third party review disputes v Appellate Courts vi States Supreme Courts C Court Procedure a Participants i Plaintiff party who initiates lawsuit ii Prosecutor party who originates a criminal proceeding iii Defendant party against whom the civil or criminal proceedings are brought iv Judge primary of ce of the court and is either an elected or an appointed of cial who presides over the matters brought before the court v Attorney client privilege lawyers cannot disclose what their clients tell them unless the client is committing or planning to commit a crime vi Jury body of citizens sworn by a court to reach a verdict on the basis of the case presented to them D Steps in a Lawsuit a e f g E Trial a b an Commencement of a lawsuit complaint description of the wrongful conduct and a request for damages such as a momentary amount Service of process writ notice summons is delivered to the defendant and includes a copy of the complaint and noti cation that the defendant must appear and respond to the allegations of the complaint Answer the complaint motion to dismiss request to the court ot dismiss the lawsuit on the ground that there is still no right of recovery demurrer counterclaim ask the court for damages as a result of the underlying dispute pleadings all documents lled in this initial phase of the case Discovery each side must name its potential witnesses and provide each side the chance to question those witnesses in advance of the trial examine inspect and photograph books records buildings and machines Deposition testimony of a witness taken under oath outside the courtroom it is transcribed by a court reporter Motion for summary judgement Expert witness has some special expertise like an economist Voir dire examination the preliminary examination of a juror or a witness to ascertain tness to act as such Opening statements makes a puzzle frame for the case so jurors can follow the witnesses and place the pieces of the case the various forms of evidence within the fram Presentation of evidence Motion for directed verdict asks the court to grant a verdict because even if all the evidence that has been presented by each side were true there is either no basisi for recovery or no defense to recovery e f g h Summation summarize the case and urge the jury to reach a verdict Motion for Mistrial requiring a doover with a new jury Jury instructions and verdict appropriate law to apply to the facts presented Motion for new trial or judgement F Posttrial Procedures a Recovery of costsAttorney fees prevailing party is awarded costs like ling fees serviceofprocess fess witness fees deposition transcript costs and jury fees Executionjudgement seizure and sale of the losing pary s assets by the sheriff according to writ of execution or writ of possession i Garnishment is the common method of satisfying a judgment G Alternative Dispute Resolution ADR a an Arbitration arbitrators disinterested persons selected by the parties to the dispute hear evidence and determine a resolution enables parties to present the facts before trained experts familiar with the industry practices that may affect the nature and outcome of the dispute l Uniform Arbitration Act the parties to a contract may agree in advance that all disputes arising under it will be submitted to arbitration i Mandatory Arbitration ii Finality Arbitration binding the parties new court proceedings is referred to as trial de novo Mediation a neutral person acts as a messenger between opposing sides of a dispute carrying to each side the latest settlement offer made by the other MedArb Reference to third person third person or a committee makes an outofcourt determination of the rights of persons Association Tribunals court created by a trade association or a group for the resolution of disputes among its members Summary jury Trial dryrun or mock trial in which the lawyers present their claims before a jury of six persons the object is to get the reaction from the sample jury Rentajudge parties hire a judge to hear the case referee Minitrial when only one part of a case is disputed and taken to trial and submitted to a trial judicial Triage judges examine cases from a timeliness perspective j Contract Provisions may pave the way for the settlement of future disputes by including clauses that require the parties to use one of the means ADR
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