West's Business Law ch. 2
Arbitration
A dispute is presented to one or more persons whose decision is binding on the parties. No chance of taking your case before a judge or jury.
Mediation
A third party helps the disputing parties to settle the case. Third party does not make decision.
United States Court of Appeal
Appellate court of the federal system. For if party wants to appeal the district court's decision. Decision made here applies to entire district (in our case, the 11th. FL, AL, GA.)
Arbitration Clause
Can be in contracts, states any disputes have to be settled through arbitration, no courts.
State Supreme Court
Court of last resort. No new evidence or testimony, have Discretionary review(don't have to review a case). Except capital(death sentence) cases, must be reviewed, even if the defendant doesn't want.
State courts
Court system that has the power to hear all cases not within the exclusive jurisdiction of federal courts.Has exclusive jurisdiction over adoption, divorce, probate(administering a deceased's estate).
Jurisdiction in Rem
Courts have personal jurisdiction over disputed property located within the state. (Court in FL may determine rights to a FL orange grove, but not something in California)
Forum Selection Clause
Cruise example. Residents of Washington get injured on cruise off of Mexico, try to sue in Washington but the back of their tickets said any disputes must be handled in Miami, FL.
Federal courts
Exclusive jurisdiction over: admiralty(transportation on ocean waters), Bankruptcy, Federal criminal prosecutions(human trafficking, white collar fraud/crimes(mortgage fraud, health care fraud), Lawsuits in which one states sues another state, Claims against the United States, and Cases involving federal copyrights, patents, or trademarks
11th circuit
For Pinellas County, the U.S. (Federal) Court of Appeals is part of the
United States Supreme Court
Highest court in the land. Appeals from circuit court decisions may be heard. Discretionary review(don't have to hear case), no new evidence or testimony.
Personal Jurisdiction
Judicial power over the parties in a case
Judicial Review
Marbury vs. Madison established this in 1803
Appellate Courts
No new evidence, no new testimony, only review the findings of the trial courts and determine if the right decision was made.
Second District Court of Appeal
Pinellas Country appellate court is called the
Sixth Judicial Circuit
Pinellas County trial courts are in the
Subject Matter Jurisdiction
The courts power to hear certain kinds of cases. Determines which court system may hear a particular case
Three pronged (minimum contact) test
Test to see if defendant is required to defend the lawsuit in that state. -If the defendant has committed a tort in the state. -Entered into a contract in that state. -Transacted business in the state which caused injury to another.
Diversity Jurisdiction
The federal court has the authority to hear the case because the opposing parties come from different states(and the dollar amount of the controversy exceeds $75,000).
Judicial Review
The process by which a court(the U.S. Supreme Court) decides if 1) Legislative enactments are constitutional and 2) actions by the executive branch are constitutional.Gives Supreme court the power to review Congress.
Venue
The place where the case will be tried. Should be where the parties work or reside, where the disputed land is located, or where the occurrence causing the lawsuit took place.
Standing to sue
The plaintiff must have some stake in the outcome of the lawsuit
United States District Courts
Trail courts of the federal system, determine both the facts and law.
1)State of incorporation 2) principle place of business. Considered a citizen of each; if one is not diverse, no diversity jurisdiction
What do you look at to determine citizenship of a corporation? (when it comes to Diversity Jurisdiction)
Trial Courts
Where the lawsuit is begun. Trials are held, testimony is taken. Judge and jury -determine facts, -determine what rule of law to apply, and -apply that rule to the facts.
Concurrent Jurisdiction
You can sue in either state court or federal court; both have jurisdiction