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Chapter 2 Notes

by: Matt Owens

Chapter 2 Notes LGS 200

Matt Owens
GPA 4.22
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Detailed notes from chapter 2 readings, and lectures!
Legal Environment of Buisness
Charlye S. Adams
Class Notes




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This 7 page Class Notes was uploaded by Matt Owens on Tuesday February 2, 2016. The Class Notes belongs to LGS 200 at University of Alabama - Tuscaloosa taught by Charlye S. Adams in Summer 2015. Since its upload, it has received 61 views. For similar materials see Legal Environment of Buisness in General at University of Alabama - Tuscaloosa.


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Date Created: 02/02/16
Matt Owens 1/19/16 LGS 200 Chapter 2: The Court System The Judiciary’s Role in the American Government  Judicial Review o Established in Marbury v. Madison (1803) where Chief Justice Marshall wrote:  “It is emphatically the province and duty of the judiciary to say what the law is…” o Has never been challenged Basic Judicial Requirements  Jurisdiction o “Juris” (law) o “diction” (to speak) o The power of a court to hear a dispute and to “speak the law” & render a verdict that is legally binding on the parties to the dispute  Jurisdiction over Persons or Property o In Personam jurisdiction: Gives court power to compel the presence of the parties to appear before the court and lititgate o In Rem jurisdiction: jurisdiction & power of the court to decide issues related to property situated within its geographical borders  Boat in Florida example o Long Arm Statues: Courts use long-arm statutes for non- resident parties based on “minimum contacts” with state  Established by International Shoe Co. v. State of Washington (1945)  International Shoe Co. based in Delaware, and HQ was in Missouri  Did business in Washington  International Shoe had “sufficient minimum contacts” within Washington, so the Washington state court system had personal jurisdiction over the company  Corporate Contacts: Corporation advertises or sells products within a state, or places its goods into the “stream of commerce”  Jurisdiction over Subject Matter o Limitation on the types of cases a court can hear, usually determined by federal or state statutes o General (unlimited) & Limited jurisdiction Courts  Usually defined by statute or constitution that created the court o Original or Appellate Jurisdiction  Courts of original jurisdiction is where the case started (trial)  Courts of appellate jurisdiction have the power to hear an appeal from another court  Jurisdiction of the Federal Courts o Federal Question cases o Diversity of Citizenship cases o “Federal Question” cases in which the rights or obligations of a party are created or defined by some federal law o “Diversity” cases occur when:  The lawsuit is between residents of:  Different States  Or foreign country & citizens of one or more states  Or citizens of a state and citizens or subjects of a foreign country  AND the amount in controversy is greater than $75,000 o Case 2.1 o Mala v. Crown Bay Marina, Inc. U.S Court of Appeals, 3 Circuit (2013)  Exclusive vs. Concurrent Jurisdiction o Federal & state courts have exclusive jurisdiction over certain types of cases o State courts may have concurrent jurisdiction  Jurisdiction in Cyberspace o “Sliding Scale” Standard. When does a court have jurisdiction? o “Sliding Scale” Standard  Three Different Types of Contacts:  Substantial business over the internet  Some interactivity through a website  Passive advertising  International Jurisdictional Issues o Because the internet is global there are fundamental jurisdiction issues in international transactions o Case 2.2 Gucci America, Inc. v. Wang Huoqing, Northern District of California (2011) o U.S. District court exercised jurisdiction over Chinese defendant who advertised and sold goods over the internet  Venue o Venue is concerned with the most appropriate location for the trial o Generally, proper venue is whether the injury occurred  Standing to Sue o A party must have “standing” to bring a lawsuit o Elements to prove standing  Harm  Causation  Remedy State and Federal Court Systems  State Court Systems o Trial Courts  Limited Jurisdiction  Municipal Courts  District/Small Claims Courts  Probate Courts  Drug Courts  General Jurisdiction  Civil  Criminal  Appellate, or Reviewing, Courts  Make decisions based on questions of law, not fact  Can either affirm (uphold) or reverse (overturn) lower court’s opinion o Highest State Courts  Each state has at least one Supreme Court  Decisions are final, only when federal issues involved can U.S. Supreme Court overturn  Federal Court System o U.S. District Courts  Trial courts in the federal system  Today there are 94 judicial districts o U.S. Courts of Appeal  13 U.S. Circuit Courts of Appeals  o United States Supreme Court  The two most fundamental ways to have your case heard in a supreme court are:  State Courts: Appeals of Right  U.S. Supreme Court: By Writ of Ceriorari Judicial Procedures: Following a State Court Case  American courts follow the “adversarial” system of justice  Procedural Rules  States of Litigation: Pre-trial, trial, and post-trial  Consulting with an Attorney o Expectations, probability of success, time & cost estimates, advantages/disadvantages of a particular court o Types of Attorney’s Fees o Settlement Considerations  Pre-Trial: The Pleadings o Plaintiff’s Complaint o Service of Process  Method of Service: can be personal or publishing in newspaper  Waiver of Formal/Service o Defendant’s Answer  Pre-Trial: Dismissals and Judgments before Trial o Motion: procedural legal request ruled on by judge o Pre-Trial Motions  Motion to Dismiss  Motion for Judgment on the Pleadings  Motion for Summary Judgment o Pre-Trial: Motion to Dismiss  If the court grants a motion to dismiss, generally the lawsuit is over  Case 2.3 Espresso Disposition Corp. 1 v. Santana Sales & Marketing Group, Inc. (2013) o Pre-Trial:  Motion for Judgment on the Pleadings  Motion for Summary Judgment  Discovery o Depositions and Interrogatories o Requests for Documents o Requests for Admission o Electronic Discovery  E-discovery procedures  Advantages and disadvantages o Pretrial Conference  Informal discussion between the judge and opposing counsel  Explore the possibility of a settlement or  Identify the real issues in dispute, and plane the course of the trial o Jury Selection  Trials can be with or without a jury (bench trial)  Voir Dire  Either attorney can ‘challenge’ a juror and ask they not be sworn in as juror o At the Trial  Opening arguments  Plaintiff’s Case in Chief  Direct, cross, re-direct, re-cross examination of the Plaintiff’s witnesses  Defense Motion for a Directed Verdict  Defense Case in Chief  Direct, cross, re-direct, and re-cross examination of the Plaintiff’s witnesses o At the Trial  Closing Arguments and Awards o Post-trial Motions  Motion for New Trial  Motion for J.N.O.V  o The Appeal  Filing the Appeal: parties file briefs pointing out (or opposing) reversible error that require reversal of the trial court’s verdict  Appellate Review: courts do not consider new evidence. Only consider briefs and evidence presented at trial  Appeal to a Higher Court: writ of certiorari o Enforcing the Judgment  Writ of Execution: directs sheriff to seize defendant’s non- exempt property and sell them to pay for judgment  Availability of Assets: usually a plaintiff looks to see if the defendant has sufficient assets before the suit is filed


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