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BUS 205 Week 3 Class Notes

by: Rachel Rheingold

BUS 205 Week 3 Class Notes BUS 205

Marketplace > Colorado State University > BUS 205 > BUS 205 Week 3 Class Notes
Rachel Rheingold
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Lecture notes on chapter 3!
Legal and Ethical Issues in Business
Mac V Danford
Class Notes
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This 9 page Class Notes was uploaded by Rachel Rheingold on Wednesday September 21, 2016. The Class Notes belongs to BUS 205 at Colorado State University taught by Mac V Danford in Fall 2016. Since its upload, it has received 12 views.


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Date Created: 09/21/16
Ch. 3 Dispute Resolution (Class Notes) 3 Fundamental Areas of Law  Structure of our court systems  Civil lawsuits  Alternative dispute resolution Litigation  Litigator o Lawyer who handles court case  Litigation o Process of filing claims in court and going to trial Alternative Dispute Resolution  Alternative dispute resolution o Formal or informal process used to settle disputes without resorting to a trial Court Systems  United states have over 50 systems of courts  Nationwide system of federal courts systems o The entire country  Each individual state has its own court system State Courts  Trial courts o Want to win these! o Determine the facts of a particular dispute  Apply to those facts the law given by earlier appellate court decisions Subject Matter Jurisdiction  Court has the authority to hear a particular type of case  Trial courts of limited jurisdiction o Hear only certain types of cases o Small claims court jurisdiction over civil lawsuits o Juvenile court settling the estates of deceased people o Trial courts of general jurisdiction  Broad range of cases  Most important court general civil division  Personal jurisdictions o Legal authority to require the defendant to  Stand trail  Pay judgements  Personal jurisdiction exists if o Defendant is a resident of the state in which a lawsuit is filed o Defendant takes a formal step to defend a lawsuit o Summons is served on a defendant  Summons o Courts written notice that a lawsuit has been filed against the defendant  A long term statute applies  Long arm statue o Gives a court jurisdiction over someone who commits a tort signs a contract or conducts “regular business activities” in the state Appellate Courts  Accept the facts given to them by trial courts 2 o Review the trial record to see if the court made errors law  Will accept a factual finding unless there was no evidence at all to support it  Error of law o Appeals court may require a new trial  Court of appeals o Appellant  Party filing the appeal o Appellee  Written arguments on the case o Reversed  Nullified o Affirmed  Permitted to stand  State supreme court o Highest court in the state o Accepts some appeals from the court of appeals o 7 judges – justices sit on the supreme court Federal Courts  Appellate courts  Federal question case o Claim based on the united states constitution a federal statute or a federal treaty  Federal courts have jurisdiction  Diversity case  Diversity jurisdiction o When  Plaintiff and defendant are citizens of different states  The amount in dispute exceeds $75000  Trial courts o United states district court  Primary trial court in the federal system 3  Nation is divided into 94 districts  Each state has a district court  Other trial courts o Bankruptcy court o Tax court o Unites states court of international trade judges  President of the united states nominate all federal court judges  United States Courts of Appeals and Supreme Court o United states courts of appeals  Intermediate courts of appeals  Divide into “circuits” o United states supreme court  Highest court in the country  9 justices on the court  1 justice – chief justice  8 associate justices  Power to hear appeals in any federal case o Writ of Certiorari  Petition asking the court to hear the case Litigation  Pleadings o Documents that begin a lawsuit  Complaint  Answer  Sometimes a reply  Complaint o Short, plain statement of the facts alleged and the legal claims made  Service o Summons  Paper ordering the defendant to answer the complaint within 20 days  Answer o Brief reply to each of the allegations into complaint 4  Default judgement o Decision that the plaintiff wins without trial because the defendant failed to answer in time  Counter claim o Second lawsuit by the defendant against the plaintiff  Reply  Answer to complain claim  Class actions o One plaintiff represents the entire group of plaintiffs  Those who are unware of the lawsuit or even unaware they are harmed  Judgement on the pleadings o Motion  Formal request to the court that the court take some step or issue some order o Motions to dismiss  Request that the court terminate a case without permitting it to go further  Discovery o Critical o Pretrial opportunity for both parties to  Learn the strengths and weaknesses of the opponent’s case o Interrogatories  Written questions that the opposing party must answer, in writing under oath o Depositions  Provide a chance for one’s party lawyer to question the other party  Deponent o Person being questioned  Production of documents and things  Physical and mental examination o Motion for a protective order  Requires that the court limit discovery 5  Motions to compel answers to interrogatories o Memorandum  Supporting argument o In camera inspection  Judge views the requested documents alone with no lawyer present  Decides whether the other side is entitled to view them  E discovery o Business large and small have vast amounts of cola stored electronically  Other discovery Summary Judgement  Ruling by the court that no trial is necessary because o Some essential facts are not in dispute Final Preparation  Attorneys make lists of all witnesses they will call  Prepare each witness very carefully  Rehearse the questions  Takes hours  Takes days Trial  Adversary system o Putting a witness on the stand and letting both lawyers question  Truth will emerge  Right to jury trial o Plaintiff and defendant have a right to demand a jury trial when  Lawsuit is won for money damages  Voir Dire 6 o Process of selecting a jury  Challenges for cause o Claiming that a juror has demonstrated probable bias  Peremptory challenges o Right to excuse a juror for any reason  Opening statements o Summarizing the proof, he or she expects to offer o With the plaintiff going first  Burden of proof o Preponderance of the evidence  Plaintiffs burden in a civil lawsuit o Beyond a reasonable doubt  Governments burden in a criminal prosecution o Plaintiffs case  Direct examination  When a lawyer asks questions of their own witness  Cross examine  Ask questions of an opposing witness  Rules of evidence o Law of evidence  What questions a lawyer can ask  How the questions are to be give  What documents may be introduced  Motion for directed verdict o Directed verdict  Ruling that the plaintiff has entirely failed to prove some aspect of their case  Permissible only if the evidence favors the defendant that  Reasonable minds could not disagree on it  Defendants case  Closing arguments o Lawyers sum up their case to the jury 7  Explaining how they hope the jury will interpret what they have heard  Jury instructions o The judge instructs the jury to evaluate the case solely on the facts of the evidence presented  Verdict o Jury deliberates informally with all jurors entitled to voice their opinion  Motions after the verdict o Judgement non obstante verdict  Judgement now withstanding the juror’s verdict Appeals  Precedent o Earlier decisions by the state appellate courts on similar issues  Appeals court options o Affirm  Allow decision to stand o Reverse and remand  Nullify the lower decision and return the case for reconsideration o Modify  Affirm the outcome but with changes o Reverse  Turning the loser into the winner with no new trial o Harmless error  Mistake by the trial judge that was to a minor ro affect the outcome Alternative Dispute Resolution  Negotiation o Majority of disputes are resolved this way  Mediation o Mediator 8  Attempts to guide the two disputing parties toward a voluntary settlement o Advantages  Two antagonists can speak freely  All discussions are confidential  Offers the strongest “win-win” potential  Arbitration o Bring in a neutral 3 party  Arbitrator has the power to impose an award o After deliberation, arbitrator issues a binding decision 9


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