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Notes Chapter 3

by: Notetaker

Notes Chapter 3 BSL 212

User_19183_profile7443 Notetaker
GPA 3.571
Introduction to business law
Martinez Evora

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Here are the notes on chapter 3!
Introduction to business law
Martinez Evora
Class Notes
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This 3 page Class Notes was uploaded by Notetaker on Thursday February 5, 2015. The Class Notes belongs to BSL 212 at University of Miami taught by Martinez Evora in Winter2015. Since its upload, it has received 214 views. For similar materials see Introduction to business law in Business Law at University of Miami.

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Date Created: 02/05/15
1Jurisdiction Definition Power of a court to hear a case RULE OF LAW 1 General statement of law which says in order for a court to have jurisdiction a court must have subject matter jurisdiction and in personam jurisdiction a court must have both to hear a case 0 Subiect Matter Jurisdiction gt Exclusive federal court bankruptcy intellectual property cases patents trademarks copyrights Antitrust cases gt Concurrent Federal or State Federal question cases Questions arising out of the interpretation of a federal statute giving you a right based on race national origin etc File complaint in state or federal levels Amount in dispute gt75000 Diversity different statescountries gt Exclusive Stateminor issues landlordtenant disputes property issues contracts small claims domestic issues familylaw related issues 0 ln Personam jurisdiction gt The court will have to find minimum contacts between the defendant and the forum state gt Proper notice the person sued must be notified 2Aternate dispute resolution mechanisms Alternate dispute resolution mechanisms Negotiation Only between the parties A and B those being Plaintiff and defendant No third parties and now need of lawsuit Mediation Very informal Assisted by a third neutral independent and impartial facilitator who is the intermediary and will recommend a decision third party Only there to assist the parties a recommendations The parties are free to accept or reject the advice You have the parties A and B and you also have one two or three mediators Settle out of court in a mediation you don t have to go to court It can be court mandated mediation it is not voluntary in some occasions gt Pros Very positive mechanism very useful in many cases most cases settle in mediation or negotiation Conciliation Very similar to mediation a conciliator acting like a Arbitration You have the parties and you have arbitrators Each party will pay the services sometimes there are institutions handling the arbitrary administrative process The arbitrator at the end will issue an award and the award is binded Almost like a judgment In serious commercial dispute you go to arbitration Most contracts have arbitration clauses 3Civi process itself concepts Federal courts are organized in US Supreme Court appellate jurisdiction writ of certiorari only a few cases get to the supreme court Circuits Districts Civil process 1 Complaint The defendant has 20 days to answer the complaint 2 Discovery where all evidence is collected 3 Then parties move to summary judgement The case can finish there if the judge decides so or it could go to trial and judgement 4 Trial lf judge does not agree with summary judgment you move to trial where there will be a judgment lf case is ready for trial one party has to file a motion for trial CASES 1 White vs FCI USA FDI is trying to remove the case to federal court FDI had to prove at time of removal that the amount was greater that 75000 2 Worldwide Volkswagen CorpV Woodson About jurisdiction Harry and Kay Robinson bought a new Audi in New York and later moved to Arizona While driving there in Oklahoma a car struck the Audi from being burning Kay and their two kids They sued worldwide for selling them a defective car They went in front of the Oklahoma state court which said it was unfair to have the case there It had to be filed in the NY state court


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