Legal and Ethical: Chapter 2

Other types of ADR

-early neutral case evaluation -mini-trial -summary jury trials -

Two kind of trail courts

-general jurisdiction (unlimited) -limited jurisdiction

in both the federal and the state court systems. a court's subject-matter jurisdiction can be limited by any of the following:

1 the subject of the lawsuit 2. the sum in controversy 3. Whether the case involves a felony 4. Whether the proceeding is a trial or an appeal

Exclusive jurisdiction has the following type of cases

1. Federal crimes 2. Bankruptcy 3.Most patent and copyright claims 4. Any lawsuits against the United States 5. Some areas of admiralty law (law governing seaborne transportation and ocean waters)

Federal jurisdiction

1. Federal questions- a federal court can exercise jurisdiction when the plaintiffs cause of action is based at leas in part of the U.S constitution, a treaty, or a federal law. 2. Diversity of citizenship- a federal court can exercise jurisdiction in cases between citizens of different states when the amount in controversy exceeds $75000 (or in cases between a foreign country and citizens of a state or a different state and in cases between citizens of a state an citizen s or subjective of a foreign country)

A court will set aside an award(arbitrators decision) only in the event of one of the following:

1. the arbitrator's conduct or "bad faith" substantially prejudiced the rights of one of the parties 2. the award violates an established public policy 3.the arbitrators exceed her or his powers-that is, arbitrated issues that the parties did not agree to submit to arbitration

Most common type of diversity jurisdiction requires both of the following

1. the plaintiff and defendant must be residents of the different states 2. the dollar amount in controversy must exceed $75000

State court system

1. trail courts of limited jurisdiction 2. trial courts of general jurisdiction 3. appellate courts (intermediate appellate courts) 4. the state's highest court (often supreme court)

how many federal court systems are there

13

how many federal judicial districts are there

94

Mala v. Crown Bay Marina

Boat Case Mala was blow out of his boat after a he used a broken gas pump Sued Crown bay Marina and wanted a jury Wasn't granted a jury So he appealed and was denied

Exclusive State Jurisdiction

Cases involving all matters not subject to federal jurisdiction- for example divorce, and adoption cases

Exclusive Federal Jurisdiction

Cases involving federal crimes, federal antitrust law, bankruptcy, patents, copyrights, trademarks, suits against the United States, some areas of admiralty law, and certain other matters specified in federal statues

Personal

Exist when a defendant is located in the territorial boundaries within which a court has the right and power to decided cases. Jurisdiction may be exercised over out-of-state defendants under state long arm statues. Courts have jurisdictions over corporate defendants that do business within the state, as well as corporate that advertise, sell, or place goods into the steam of commerce.

Concurrent jurisdiction

Exists when both federal and state courts have authority to hear the same cases

Exclusive jurisdiction

Exists when only state courts or only federal courts have authority to hear a case

Standing to Sue in three elements

Harm, causation, remedy

Subject Matter Jurisdiction

Limits the courts jurisdictional authority to particular types of cases. 1. Limited jurisdiction- exists when a court is limited to a specific subject matter, such as probate or divorce 2. General jurisdiction- exists when a court can hear cases involving a broad array of issues

long arm statute

a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state

mediation

a neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution. The mediator normally talk to the parties separately as well as jointly, emphasizes points of agreement, and helps the parties to evaluate their options. When a mediator proposes a solution it is called a mediators proposal

negotiation

a process in which the parties attempt to settle their dispute informally, with or without attorneys to represent them.

Standing to Sue

a sufficient stake in a matter to justify seeking relief through the court system

Original jurisdictions/trial courts

are courts of the first instance, trial courts. These are courts in which lawsuits begin, trials take place, and evidence is presented.

Concurrent Jurisdiction

cases involving federal questions and diversity-of-citizenship cases

question of fact vs. question of law

deals with what happened in regard to the dispute being tried vs. the application or interpretation of the law

Original Jurisdiction

exists when courts that have the authority to hear a case for the first time (trial courts)

property jurisdiction

exists when the property that is subject to a lawsuit is located within the territorial boundaries within which a court has the right and power to decide cases

Appellate jurisdiction

exists with courts of appeal and review. Generally, appellate courts do not have original jurisdiction

arbitration

in which an arbitrator (neutral third party, or a panel of experts) hears a dispute and imposes a resolution on the parties. The third party makes a decision for the other parties

writ of certiorari

is an order issued by the supreme court to a lower court requiring the latter to send it in the record of the cases for review

Venue

is concerned with the most appropriate location for a trial

Rule of Four

the court will not issue a writ unless at least four of the nine justices approve of it

Jurisdiction in Cyberspace

the courts have developed a sliding-scale standard to use in determining when jurisdiction over a Web site owner or operator in another state is proper

Concurrent jurisdiction

when both federal and state courts have the power to hear a case, as is true in suits involving diversity of citizenship concurrent jurisdiction exists, a party may choose to bring a suit in either a federal court or state court