BUS 205 Week 3 Class Notes
BUS 205 Week 3 Class Notes BUS 205
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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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