Chapter 2-BL

Designations which nation's law will be applied if there is a dispute over a contract

Choice of law clause

What does an appellate court review?

- Not a do over, no evidence or jury -Application of the law-how judge applied the law -Review papers, transcripts, briefs

What are the three basic types of ADR:

-*Mediation -*Arbitration -Negotiation

Long Arm statutes:

-A court can exercise personal jurisdiction over certain out-of state defendants based on activities that took place within the state -Requirement: Minimum contacts

What is ADR (Alternative dispute resolution):

-A means of settling their disputes, negotiation -Offers a more quickly and more privacy and flexibility

How does a case get to the supreme court?

-Discretionary supreme court only chooses what they want to hear -At least 4 judges have to agree to hear the case -After 4 judges approve a writ of certiorari (order issued by the supreme court to a lower court requiring the latter to sen it the record of the case for review)

-START OR REVIEW- Basic concept: There are two parallel court systems in the U.S the _____ and _____

-Federal court system and each state has a parallel system

What is venue:

-Geographical location -Generally where the crime was committed -*Venue: Can be waived and given up-just changing location EX: Criminal: publicity, jury pool is poisoned- not a fair trial

*Doctrine of judicial review? Where did this document originate from?

-Giving the supreme court the right to review acts of the legislature -Originated from the case Marbury v.s madison (1803) -Major supreme court case -Any law that conflicts with constitution is null and void -Establishment of the court system

Mediation:

-Have a mediator listens to both sides -Does not make a solution only proposes a solution -Does not have to be a lawyer -Disadvantage: Not binding on the party -Advantage: Less adversarial, reduce antagonism

Arbitration:

-Overseen by an arbitrator -Decision is binding on the party- 3rd neutral party -Usually make it legally binding -Most formal and resembles a court proceeding -Can appeal the decision

Negotiation

-Simplest from of ADR -Informally: with or without attorneys -Parties themselves reach a resolution

*Case and controversy:

-Something has actually occurred -Not a hypothetical question -Violation and then court deals with problem

What is standing to sue?

-Stake in the outcome from facts/circumstances 3 factors to determine standing: -Harm: personally or property -Causation: connection between you and the harm -Remedy: If court can't fix anything

Choose the flow chart below that represents the ordering of most court systems (state and federal).

-Trail courts -Intermediate appellate courts -Supreme court

4 basic judicial requirements to commence a lawsuit:

1. *Jurisdiction: Power of court, courts must have have these 2: personal (over people) and in rem jurisdiction (over a thing), subject matter jurisdiction (case about) 2. Venue 3. Standing to sue 4. Case and conversary

-Jurisdiction in cyber space: 1. What is the basis of jurisdiction in cyber space? 2. What standard is used in determining personal jurisdiction? 3. What do you know about this scale?

1. Basis includes a party's contacts with a courts geographic jurisdiction 2. At least minimum contacts & the "sliding-scale" standard 3. Sliding scale identifies three types of internet business contacts: 1: Substancial sales- Jurisdiction is proper 2: Active sales and some activity, EX: spam email 3: Passive sales: company didn't do anything, required customer to look them up

2 basic questions are answered in a trial court

1. Determine questions of fact: By Jury decide witness credibility- fact questions 2. Determine questions of law: By judge, what law applies and how it will apply, judge is giver by law, renders a verdict, party that is not happy can appeal

-What are the two types of federal court jurisdiction: -What kinds of cases fall under each

1. Federal Questions: -If the case involves a federal question, the case comes under the judicial power of the federal courts. -A cased based on federal question a federal court will apply federal law -*Jurisdiction is limited to: constitution, U.S statutes, treaties 2. Diversity of citizenship: -Federal district courts can also exercise original jurisdiction over cases -*2 requirements: plaintiff and defendant must be residents of different states, dollar amount controversy must exceed $75,000

State court system:

1. Local trial court of limited jurisdiction 2. State trial courts of general jurisdiction 3. State court of appeals 4. States highest court (state supreme court)- 9 judges -Has the final decision except guilt or innocence

The parties present their arguments and evidence before an arbitrator at a hearing and the arbitrator renders a decision resolving the parties dispute

Arbitration

Which of the following does the Supreme Court have to issue before it hears a case?

A writ of certiorari.

Exists with court appeal and review

Appellate

_______ involves a court deciding whether a matter is one that must be resolved through arbitration.

Arbitrability

The Johnsons are in an auto accident with a driver who lives near them in the same town. No one is injured and the Johnsons' car suffered only $5,000 in damages. Why can't the Johnson's sue the other driver in federal court?

Because the Johnson's live in the same state and the damages are too small

Exclusive state jurisdiction

Case involving all matters not subject to federal jurisdiction

Exclusive federal jurisdiction

Cases involving federal crimes, bankruptcy, patents, copyright, trademarks, and suits against the united states

Concurrent jurisdiction

Cases involving federal questions and diversity of citizenship cases

Standing to sue has three elements

Causation, remedy, harm

Subject matter jurisdiction: -Exclusive or concurrent:

Exclusive: -Limited/ only one court can hear that case Concurrent: -More than one court can hear a case- either federal or state

Acme Devices supplies their devices to a buyer in Germany. If Acme designates in the contract that any dispute will be litigated in the United States, this is an example of a choice of law clause.

False

The Supreme Court hears all cases sent to it for review.

False

Venue refers to the primary subject matter of a case at trial

False

When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in personam.

False

Designation of jurisdiction (court or country) where any dispute will be litigated

Forum selection clauses

Subject matter jurisdiction: -General and limited:

General: -There are different types of cases -Can decide cases involving a broad array of issues -EX: Trial or circuit court Limited: -Only one kind of case -EX: Bankruptcy

The power of judicial review has remained unchallenged since which Supreme Court decision?

Marbury v. Madison

A neutral third party meets with the parties and emphasizes points of agreement to bring them toward resolution of dispute

Mediation

A long arm statute allows one state's court to exercise jurisdiction over a defendant from another state who has ________ with the state in which the court is located.

Minimum contacts

Parties meet informally with or without their attorneys and attempt to agree on resolution

Negotiation

Trial court:

Often deal with question of fact

Cybersettle.com provides

Online dispute resolution

Subject matter jurisdiction: -Original or appellate:

Original: -Where the case begins, courts for the first instance Appellate: -Courts of review -Courts of appeal and supreme court

Exists with courts that have the authority to hear a case for the first time, called trial courts

Orignal

Jurisdiction:

Power of the court to hear a case and render a binding decision -Set by state/federal statue *Power of the court is set by statuority, court cannot be waved

Appellate or reviewing courts deals with:

Questions of law

Limits the courts jurisdictional authority to particular types of cases and can be either limited or general jurisdiction

Subject matter

A major not-for-profit provider of ADR services is:

The AAA

Federal Court system:

Three tiered system: 1. U.S district court- trial court 2. U.S courts of appeal- circuit courts 13 3. United state supreme court

Highlight among the following possible answers those that are part of the federal court system:

US district courts

A federal court can exercise jurisdiction if a case involves:

a treaty, the U.S constitution, or a federal law

The doctrine of judicial review allows

the judicial branch to decide whether laws or action of the other two branches are constitutional