Ch 3: The Legal Process
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This 10 page Class Notes was uploaded by Shannon Panagopoulos on Thursday January 14, 2016. The Class Notes belongs to BLW 201 at DePaul University taught by Daniel T. Gillespie in Winter 2016. Since its upload, it has received 13 views.
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Date Created: 01/14/16
Chapter 3: The Legal Process I. The Court System A. The Federal Courts B. State Courts II. Jurisdiction A. Subject Matter Jurisdiction B. Jurisdiction over the Parties III. Civil Dispute Resolution A. Civil Procedure B. Alternative Dispute Resolution IA: The Federal Court System District Courts: trial courts of general jurisdiction that can hear and decide most legal controversies Courts of Appeals: hears appeals from district courts and reviews orders of certain administrative agencies The Supreme Court: nation’s highest court, whose principal function is to review decisions of the Federal Courts of Appeals and the highest State courts Special Courts: have jurisdiction over cases in a particular area of Federal law Includes the U.S. Court of Fed. Claims, the U.S. Tax Court, the U.S. Bankruptcy Courts, and the U.S. Court of Appeals for the Federal Circuit IB: The State Court System Inferior Trial Courts (Magistrate Courts): hear minor criminal cases, such as traffic offenses, and civil cases involving small amounts of money; conduct preliminary hearings in more serious criminal cases Trial Courts: have general jurisdiction over civil and criminal cases Special Courts: trial courts, such as probate courts and family courts, having jurisdiction over a particular area of State law Appellate Courts: include one or two levels; the highest court’s decisions are final in those cases reviewed by the U.S. Supreme Court II Jurisdiction A. Subject Matter Jurisdiction: authority of a court to decide a particular kind of case Exclusive Federal Jurisdiction: Federal crimes, bankruptcy, antitrust, trademark, patent, copyright, other specified cases Concurrent Federal Jurisdiction: authority of more than one court to hear the same case State and federal courts have concurrent jurisdiction over: 1) Federal question cases (cases arising under the Constitution, statutes, or treaties of the US) that do not involve exclusive Federal jurisdiction and 2) diversity (btwn 2 diff. states) of citizenship cases involving more than $75000 State Jurisdiction: State courts have exclusive jurisdiction over all matters to which the Federal judicial power does not reach B. Jurisdiction over the Parties: the power of a court to bind the parties to a suit In Personam Jurisdiction – jurisdiction based upon claims against a person, in contrast to jurisdiction over the person's property. In Rem Jurisdiction – jurisdiction based on claims against property. Attachment Jurisdiction – jurisdiction over a defendant's property to obtain payment of a claim not related to the property. Stare Decisis in the Dual Court System III. Civil Dispute Resolution A. Civil Procedure The Pleadings: a series of statements that give notice and establish the issues of fact and law presented and disputed Complaint: Initial pleading by the plaintiff stating his case Summons: notice given to inform a person of a lawsuit against him/her Answer: defendant’s pleading in response to the plaintiff’s complaint Reply the plaintiff’s pleading in response to the defendant’s answer Pretrial Procedure: Process requiring the parties to disclose what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient Judgement on Pleadings: a final ruling in favor of one party by the judge based on the pleadings Discovery: right of each party to obtain evidence from the other party Pretrial Conference: a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial Summary Judgment: final ruling by the judge in favor of one party based on the evidence disclosed by the discovery Trial: Determines facts and the outcome of the case Jury Selection: each party has an unlimited number of challenges for cause and a limited number of peremptory challenges Conduct of Trial: consists of opening statements by attorneys, district and crossexamination of witnesses, and closing arguments Jury Instructions: judge gives the jury the particular rules of law that apply to the case Verdict: the jury’s decision based on those facts the jury determines the evidence proves After the Trial: Motions Challenging the Verdict: include motions for a new trial and a motion for judgment notwithstanding the verdict Appeal: determines whether the trial court committed prejudicial error Enforcement: plaintiff with an unpaid judgment may resort to a writ of execution to have the sheriff seize property of the defendants and to garnishment to collect money owed to the defendant by third party B. Alternative Dispute Resolution Arbitration: a nonjudicial proceeding in which a neutral party selected by the disputants renders a binding decision (award) Conciliation: a nonbinding process in which a third party acts as an intermediary between disputing parties Mediation: a nonbinding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider (more formal than conciliation) MiniTrial: a nonbinding process in which attorneys for the disputing parties (typically corporations) present evidence to managers of the disputing parties and a neutral third party, after which the managers attempt to negotiate a settlement in consultation with the third party Summary Jury Trial: mock trial followed by negotiations Negotiation: consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties Comparison of Adjudication, Arbitration, and Mediation/Conciliation Nicomachean Ethics: Book I Ch. 1: All actions aim at the good. Ch. 4: Happiness is the good toward which we strive. Ch. 7: Happiness must be an end in itself. “… the good of man is an activity of the soul in conformity with excellence or virtue…” Ch. 8: Phronesis, practical wisdom or prudence Ch. 13: Sophron: selfcontrolled, with no effort Enkrates: selfcontrolled, with effort Akrates: morally weak7
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