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Chapter 2 Notes: Courts and Alternative Dispute Resolution

by: Brandon

Chapter 2 Notes: Courts and Alternative Dispute Resolution BL 2413

Marketplace > Mississippi State University > Business Law > BL 2413 > Chapter 2 Notes Courts and Alternative Dispute Resolution
GPA 3.93
Legal Envt Business
Cecelia Cook

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About this Document

Notes taken from class over chapter 2.
Legal Envt Business
Cecelia Cook
Class Notes
business law
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This 4 page Class Notes was uploaded by Brandon on Monday January 25, 2016. The Class Notes belongs to BL 2413 at Mississippi State University taught by Cecelia Cook in Spring 2015. Since its upload, it has received 45 views. For similar materials see Legal Envt Business in Business Law at Mississippi State University.

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Date Created: 01/25/16
Business Law Chapter 2 Two distinct court systems Federal court system and every state has a court system Parallel systems meaning you can go between one or the other What is a court and what does it do o It interprets and applies the law to speci c facts and circumstances Marbury v Madison Introduced the doctrine of iudicial review to the court systems Rendered in 1803 Gives supreme court the power to review acts of congress 4 Basics of the court system 0 urisdiction Power of a court to render a binding decision juris Law Dicto Speak Tells us where we need to be so when we reach remedy we can enforce it Types 0 Personal jurisdiction gives court the power to bring a person into court DUE Process 5th amendment It is fundamental fairness 0 Two prongs Notice defendant nds heshe is summoned 0 And then the right to be heard 0 Long Arm Statutes We bring an out of state defendant back into the state court Can includes businesses and corporations as well as individuals 0 Minimum contacts once you cross into a state you must follow the laws of that state 0 Subject Matterjurisdiction is statutory It cannot be waived given up Can t change jurisdiction Look at it as being either general or limited 0 General can hear many types of cases Ex circuit courts 0 Limited can only hear certain types of case Youth court is inly in youth court justice cases cannot hear cases with damages for more than 5000 dollars 0 Original or Appellate 0 Original where case begins o Appellate A court of review Do not try cases 0 Federal court jurisdiction 2 types 0 Federal question jurisdiction applies when there is a federal statute involved Ex Article 9 case Violation of civil rights 0 Diversity of citizenship All parties must be citizens of different states and damages must be great that 75000 dollars Jurisdiction can be exclusive or concurrent 0 Exclusive only 1 certain court can hear cases 0 Concurrent can be heard in a couple types of courts 0 Venue ls geographic Tells us where the court is If it involves a crime where did it happen Venue is nothing more than where Venue is statutory but it can be waived We can move it Can change venue for fairness Standing to sue Standing makes sure we get proper people in court Have a vested interest in the outcome You have a stake in the outcome You will be personally affected by the outcome Known as parties of interest 3 requirements Harm grave danger of harm or actual harm has already occurred Causation connection between the threat and the injury Deals with conduct Remedy Court has to provide a remedy for what you seek If the can t help you then you don t have standing in that type of court Case and controversy Requires that we have a real case Something must have happened Court doesn t deal with hypotheticals nor do they give advice ahead of time State court systems 0 3 levels of court State trial courts Work horses This is where everything happens All evidence is shown any kind of documents that need to be brought up witnesses etc 2 important bodies 0 judges they are elected Finder of law Meaning it s the judge that is going to decide interpret and apply the law 0 Jury Finder of fact Meaning that they answer all the fact questions They hear the evidence see the witnesses witness people s credibility Court of Appeals intermediate court of appeals This is a court of review Only reviews what happened at the trial court It is not a do over No witnesses and no evidence They review the trial transcript that is prepared by the court reporter He takes down every word that is spoken during the trial 0 Attorneys Brief is a paper telling the appellant court what the judge did wrong or how the court cited certain evidence or rules wrongfully State Supreme Court Appeal is discretionary they have to want to hear the case Makes the nal decision in all matters of state law Cannot go any higher than this One exception though is the death penalty case 0 Federal Court System 0 Divided Geographically to determine federal court districts Trial Courts District Courts Every state has at least one federal district court 94 district courts in US Presided over federal judges appointed for forever just like a state court We have a judge and a jury Circuit Courts of Appeal 13 in US 11 are geographic We are in the 5th circuit which has MS LA and TX US Supreme Court judges are called justices in Supreme Court Discretion US Supreme Court is presented which 1000 s of appeals and usually only hear about 100110 per year so the cases must be landmark cases that are very important 0 Begin with a ling of petition for certiorari petition for cert Cases are then assigned for each one of the justices Their clerk reads everything and decides what are important to send to theirjudge justices then meet every Friday and vote the rule of 4 At least 4 justices must vote in the affirmative in order for the case to be heard o If rule of 4 applies they send out a writ of cert to bring the case up to the Supreme Court 0 They listen to the court and then either affirm the case reverse or remand send it back to the court where it came from to x the problems 0 Alternative Dispute Resolution ADR Outside judicial process Reach a resolve wout going into courthouses lt s quicker less expensive work out disputes The big 3 O Negotiation Voluntary Find a way that both people can accept Mediation Overseeing 3rd party comes in mediator usually lawyerretired judge Parties gather in separate rooms and mediator goes back and forth to hear the arguments Problem can go through whole process and end up back at the beginning bc decision is not binding on the parties Ex divorces child custody Arbitration Requires 3rd party called arbitrator The decision is binding Decision will be as nal as if it came from judge Both parties sign contract and agree that whatever the arbitrator decides is the nal decision that must be followed


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