Chapter 3: Courts and ADR

Pretrial Conference

- A pretrial hearing after discovery - The goal is settlement

Jury Selection

- During the process of voir dire, prospective jurors can be challenged

Appellate Review

- The appellate court does NOT hear evidence - The appellate court may affirm or reverse the trial court's judgment or remand the case for further proceedings

Your attorney prepares a __________ to present to the appellate court when you decide to appeal the trial court's decision.

- brief

Baker runs into the back of Li's car. Baker appears to be at fault. Baker will be the __________ and will probably receive a __________.

- defendant - summons

Horton Automatics and the Industrial Division of the Communications Workers of America—the union that represented Horton's workers—negotiated a collective bargaining agreement. If an employee's discharge for a workplace-rule violation was submitted to arbitration, the agreement limited the arbitrator to determining whether the rule was reasonable and whether the employee had violated it. When Horton discharged its employee, Ruben de la Garza, the union appealed to arbitration. The arbitrator found that de la Garza had violated a reasonable safety rule, but "was not totally convinced" that Horton should have treated the violation more seriously than other rule violations. The arbitrator ordered de la Garza reinstated to his job. Can a court set aside this order from the arbitrator? 1) When does arbitration usually happen? a) __________ b) __________ 2) In this case, the arbitration happened: 3) When parties arbitrate, the arbitrator is a __________ third party 4) Usually, the parties agree that the arbitration will be: 5) The collective bargaining agreement limited the arbitrator to deciding: a) __________ b) __________ 6) The arbitrator decided that: 7) The arbitrator also decided that: 8) Finally, the arbitrator decided that: 9) The order to reinstate de la Garza to his job is called the arbitrator's: 10) A court generally will set aside an arbitrator's award for one of the following reasons: a) __________ b) __________ c) __________ 11) In this case, the arbitrator _________ decide something beyond the issues subject to arbitration. 12) Because of that, a court is __________ to set aside the arbitrator's award 13) WHAT IF THE FACTS WHERE DIFFERENT? If the collective bargaining agreement did not specifically address the items that the arbitrator could decide, would a court set aside this award? 14) Why? Because the __________ will have a __________ review of the decision of an __________ and there is __________ that any of the three reasons for setting aside the award are present.

1a) by agreement of both parties to a dispute 1b) on a court order 2) because the parties agreed through the collective bargaining agreement 3) neutral 4) binding 5a) whether the rule was reasonable 5b) whether the rule was violated 6) the rule was reasonable 7) de la Garza DID violate the rule 8) Horton should not have treated this violation as more serious than others 9) award 10a) if the arbitrator's conduct prejudiced the rights of a party 10b) if the award violates established public policy 10c) if the arbitrator exceeded his or her powers 11) DID 12) likely 13) NO 14a) court 14b) limited 14c) arbitrator 14d) no evidence

Exclusive State Jurisdiction

Cases involving all matters not subject to federal jurisdiction.

Exclusive Federal Jurisdiction

Cases involving federal crimes, bankruptcy, patents, copyrights, trademarks, and suits against the United States.

Appellate or Reviewing Courts

Deal with questions of law

Appellate

Exists with courts of appeal and review

Original

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

T/F: As part of Baker's affirmative defense, he can argue that Li is lying about the auto accident.

False

T/F: Attorneys may file pretrial motions. Two common motions are a motion for an early trial and a motion to change judges.

False

T/F: In preparation for the trial between Baker and Li subsequent to the auto accident, Li's attorney places Baker under oath and asks Baker questions that are recorded by a court reporter. This is known as an interrogatory.

False

T/F: The United States Supreme Court hears all cases sent to it for review.

False

T/F: Venue refers to the primary subject matter of a case at trial.

False

Highest State Courts

Final on all questions of state law

Concurrent Jurisdiction

Jurisdiction that exists when two different courts have the power to hear a case.

Subject Matter

Limits the court's jurisdictional authority to particular types of cases and can be either limited or general jurisdicition

Trial Courts

Often deal with questions of fact

The public has access to electronic court filings through a system called:

PACER

Filing the Appeal

The appealing party files a notice of appeal with the clerk of the trial court

T/F: When a jury reaches its decision, it typically issues a verdict in favor of one party.

True

T/F: When a state exercises jurisdiction over property within that state, this type of jurisdiction is called in rem.

True

Baker loses the trial. Baker's attorney can make a motion for:

a judgment not withstanding the verdict

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 Johnsons sue the other driver in federal court? a) Because the Johnsons live in the same state and the damages are too small. b) Because the Johnsons didn't ask their attorney to sue in federal court. c) Because the Johnsons' attorney didn't fill out the correct forms to initiate the lawsuit.

a) Because the Johnsons live in the same state and the damages are too small.

The power of judicial review has remained unchallenged since which Supreme Court decision? a) Marbury v. Madison b) Texas v. Johnson c) Miranda v. Arizona

a) Marbury v. Madison

Which of the following are part of the federal court system? Select two: a) U.S. district courts b) U.S. Chamber of Commerce c) Federal small claims court d) United States Supreme Court

a) U.S. district courts d) United States Supreme Court

Under what circumstances will a judge grant a motion for a new trial? a) When the jury clearly misapplied the law or misunderstood the evidence. b) When the jury did not ask enough questions during the trial. c) When the attorneys did not ask enough questions of witnesses.

a) When the jury clearly misapplied the law or misunderstood the evidence.

Which one of the following is NOT involved in the two basic pleadings of a lawsuit? a) a default judgment b) a complaint c) an answer

a) a default judgement

A federal court can exercise jurisdiction if a case involves: a) a treaty, the U.S. Constitution, or a federal law. b) state law and parties who are all from the same state. c) an appeal of an order of the United Nations.

a) a treaty, the U.S. Constitution, or a federal law.

Which of the following does the United State Supreme Court have to issue before it hears a case? a) An exact date and time of when a case will be reviewed b) A writ of certiorari c) A statement to the press indicating that it will hear a case

b) a writ of certiorari

Litigation is: a) the process of investigating a situation b) the process of resolving a dispute through the court system c) the process of settling a dispute without court involvement d) the process of selecting a judge and jury to hear a case

b) the process of resolving a dispute through the court system

At the conclusion of the plaintiff's case, the defendant's attorney may ask for:

directed verdict

Which of the following is NOT part of the discovery process: a) examining documents b) examining records c) questioning witnesses d) examining electronic evidence e) requesting another trial

e) requesting another trial

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

Standing to sue requires that a controversy must be:

real and substantial

Trial courts, intermediate appellate courts, supreme courts:

represents the ordering of most court systems (state and federal).

The doctrine of judicial review allows:

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