chapter 2 review notes
chapter 2 review notes Bus 391
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Date Created: 10/12/15
CHAPTER 2 Courts amp Alternative Dispute Resolution Judicial Review The process by which a court decides the constitutionality of legislative enactments and actions by the executive branch Marbury v Madison 1803 It is emphatically the province and duty of the courts to say what the law is So if the law be in opposition to the Constitution the Court must determine which of these con icting rules governs the case This is the very essence of judicial duty JURISDICTION Jurisdiction I I I I I I I The authority of a court to hear and decide a specific action Jurisdiction has many dimensions including Personal Jurisdiction The authority of a court to hear and decide a dispute involving the particular parties before it Subject Matter Jurisdiction The authority of a court to hear and decide the particular dispute before it Original Jurisdiction The authority of a court to hear and decide a dispute in the first instance Generally speaking trial courts are courts of original jurisdiction although the Supreme Court of the United States and the highest courts of many of the states have original jurisdiction over a few types of disputes Appellate Jurisdiction The authority of a court to review a prior decision in the same case made by another court PERSONAL JURISDICTION In Personam Jurisdiction over any person or business that resides in a certain geographic area For example state trail court have jurisdiction over residentsinclude business of a particular area of the state such as county or district A state highest court state supreme court has jurisdiction over all residents within the state Out of State Defendants 0 Longarm statute a court can exercise personal jurisdiction over certain out of state defendants based on activity that took place within the state 0 Sufficient Minimum Contacts the defendants must have enough connection to the state for the judge to conclude that it is fair for the state to exercise power over the defendants For example out od state defendant caused an car accident within the state In Rem Jurisdiction Jurisdiction over the thing A court can also exercise jurisdiction over property that is located its boundaries For example the ownership of a boat in dry dock in orida The boat is owned by ohio resident Book 29 SUBJECT MATTER JURISDICTION Limitation on the types of cases a court can hear Defined in the statute or constitution creating the court Limited vs General In both federal and state court system have limited and general jurisdiction A court of general jurisdiction can decide a broad array of issues For example state trail court federal district court Limited jurisdiction probate courts a state court handles only the disposition of a person s assets and obligations after that person s death including the issue of custody and guard ship of children Original amp Appellate Original jurisdiction court of first instance trial court where lawsuit begin trial are take place evidence is presented For example district court Appellate reviewing or appellate Concurrent amp Exclusive Exclusive only one court can hear the case State or federal courts Concurrent more courts can hear the case JURISDICTION OF FEDERAL COURTS Federal Question Jurisdiction Limited power only when a federal questions a person who claim that his constitutional rights have been violatedinvolved and When there is diversity of citizenship Diversity Jurisdiction The plaintiff and defendant are residents of different states The dollar amount in controversy must exceed 75000 For purposes of diversity jurisdiction a corporation is a citizen of both 1 its state of incorporation and 2 the state of its principal place of business if the two are not the same JURISDICTION IN CYBERSPACE Personal jurisdiction is traditionally a function of geography where one or more party resides or where the alleged wrong occurred The Internet makes geographic distinctions difficult and potentially meaningless An increasing number of courts are resolving personal jurisdiction issues by applying a sliding scale that makes it more likely that a court will exercise jurisdiction over a distant defendant the more business that defendant conducts over the Internet and the more interactive its web presence is in the jurisdiction VENUE AND STANDING Venue Most right location for a trial Venue in a civil case is Where the defendant reside but in the criminal case is Where the crime occurred Standing to Sue Sufficient stake in a matter to justify seeking relief through the court system Harm Causationa causal connection between the conduct complained of and the injury Remedy make up for the injury suffered Case or Controversy Ripeness STATE COURT SYSTEMS Trial Courts Trial courts are where all litigation other than that conducted through administrative agencies begins Trial courts have either general jurisdiction meaning that they are empowered to consider any matter before them or limited jurisdiction meaning that they are only empowered to hear certain types of cases or cases in which the amount in controversy is above below or between specified bounds Appellate Courts Every state has at least one appellate court to which a litigant who was unsuccessful at the trial court may appeal for relief 0 Appellate courts limit their review to questions of law rather than questions of fact State Supreme Courts Most state supreme courts like the US Supreme Court have discretionary review ie they decide whether or not to consider the merits of a particular case THE FEDERAL COURT SYSTEM US District Courts Trial courts of general jurisdiction each state as well as the District of Columbia and certain other US territories and possessions has at least one district and some states have as many as four US Courts of Appeals Appellate courts to which litigants in the US District Courts have an automatic right to appeal ie the court of appeal must consider each appeal on its merits These courts also hear appeals from US Bankruptcy Courts and other specialized courts and in the case of the DC Circuit from federal administrative agency decisions These courts cover twelve geographic regions with a thirteenth court the Federal Circuit empowered to hear appeals from any district court involving patent law cases in which the United States is a defendant and other specified types of cases US Supreme Court The highest court in the land the US Supreme Court exercises discretionary review over all federal appellate courts as well as in some circumstances state supreme and appellate courts Most cases reach the US Supreme Court on writ of certiorari which requires that at least four justices agree the case merits the Court s review ALTERNATIVE DISPUTE RESOLUTION Negotiation Mediation Arbitration Minitrial Summary Jury Trial