BLAW exam ONE

Setting aside an award

- fraud or corruption - biased - the arbitrator's conduct or bad faith substantially prejudiced the rights of one of the parties - the award violates an established public policy - the arbitrator exceeded her or his powers-arbitrated issues that the parties did not agree to submit to arbitration

ADR (alternative dispute resolution):

- has flexibility and privacy - range from parties sitting down with each other to a formal hearing before a panel of experts

ADR Mediation

- neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution - third party usually charges a fee and emphasizes the party's points of agreement while evaluating their options but makes no decisions

ADR Negotiation

- the parties attempt to settle their dispute informally, with or without attorneys (advocates) - usually just the parties themselves and their attorneys

Courts of Equity

-Equity is a branch of law founded on notions of justice and fair dealing -People go to this court when cannot obtain a remedy in a court of law (relief)

Legal Remedies available

-The three remedies consist of money. land, items of value (economic) -More uniform way of settling disputes

Common Law

-case law -a body of general rules that applied throughout the entire english realm -judge-made laws created by administrative agencies -governs all areas not covered by statutory law or administrative law

Equitable Remedies Available

-include specific performance: ordering a party to perform an agreement as promised -injunction: order to a party to cease engaging in a specific activity or to undo some wrong or injury -Rescission: cancellation of a contractual obligation -Reformation

PRACITCE CITATIONS

29 C.F.R. §1630.1(4) (2014) Minn.Stat. §169.40 (2013) Title 16 U.S.C. §§1632-1635 (2010)

A long arm statute allows one state's court to exercise jurisdiction over a defendant from another state who has: a. No contacts. b. Sufficient minimum contacts. c. Twitter contacts.

B. Sufficient minimum contacts

Wilma and Betty disagree over the performance of some of the terms of their construction contract. Ethel is asked to mediate the dispute. Ethel may: a. Order either party to perform. b. Resolve the dispute for the parties. c. Offer creative ideas to each party in order for them to resolve the problem. d. Do nothing and let the parties resolve the issues themselves.

C. Offer creative ideas to each party in order for them to resolve the problem

Alby v. Jones, 652 N.W.2d 402 (Minn. 2011)

Civil case (state) supreme court decided in 2011 volume 652 page 402

Sources of Law

Constitutional, Statutory, Uniform, Administrative, and Case.

Fellers v. United States, 540 U.S. 519 (2004)

Criminal case (probably) heard in supreme court in volume 540 decided in 2004

The title of an appellate court case appears as "Duck Sales Corp. v. Egret Supply Co." In the trial court's decision, then, the party who won the case: a. Must be Duck. b. Must be Egret. c. Might be neither party. d. Might be either party.

D. Might be either Party

Baer v. Chase, 392 F.3d 609 (3rd Cir. 2004).

Federal case in middle court in the 3rd circuit decided in 2004

Guines v. Brazos, 952 F. Supp.2d. 145 (D.Minn. 2009)

Federal trial court (because of district) volume 952 page 145 decided in 2009

If you were to pick four arbitration clauses... which four

If you were to pick which factors were important to you...what would be your top 4 and why? 1. Whether mediation is to be attempted prior to arbitration 2. The rules of arbitration that will be applied (employees know such rules) 3. Written notice of demand for arbitration 4. Qualification of arbitrators 5. Bound by arbitration award "final and binding"

Case Law

Judged made laws, interpretations of constitutional provisions enacted by legislatures/regulations created by admin agencies

Statutory Law

Laws enacted by legislative bodies at any level of government such as congress of state legislatures; includes local ordinances (regulations passed by municipal governing units to deal with matters not covered by federal or state law; passed by states

Uniform Law

Model statues for the states to consider adopting; each state has the option to adopt or reject a uniform law

A federal court can exercise jurisdiction if a case involves: a treaty, the U.S. constitution, or a federal law.

NOTE: Basic judicial Requirements

SUBJECT MATTER jurisdiction limits the court's jurisdictional authority to particular types of cases and can be either limited or general jurisdiction.

NOTE: Basic judicial Requirements

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? Because the Johnsons live in the same state and the damages are too small

NOTE: Basic judicial Requirements

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

NOTE: Correct. Courts exercise in personam jurisdiction over a person or business in geographic area. In rem jurisdiction occurs when court exercises jurisdiction over property located within its boundaries.

The doctrine of judicial reviews allows the judicial branch to decide whether laws or actions of the other two branches

NOTE: The Judiciary's Role in American Government

Exclusive State Jurisdiction Cases involving all matters not subject to federal jurisdiction. -Exclusive Federal Jurisdiction Cases involving federal crimes; bankruptcy; most patents, copyright, and trademark claims; and suits against the United States. -Concurrent Jurisdiction Cases where both state and federal courts have the power to hear a case, as in cases involving diversity of citizenship

NOTE: When both federal and state courts have the power to hear a case, concurrent jurisdiction exists. When concurrent jurisdiction exists, a party may choose to bring a suit in either federal court or a state court. When cases can be tried only in federal courts or only in state courts, then exclusive jurisdiction exists. Exclusive state jurisdiction exists in all matters not subject to federal jurisdiction. Exclusive jurisdiction, in either federal or state court, prevents a party from choosing which court to bring a suit. Basic Judicial Requirements

A California state court judge is deciding whether a trial will most conveniently be held in Los Angeles or San Francisco. In this case, the judge is considering the appropriate venue.

Note: Basic Judicial Requirements

Courts of Law

The court that awards such as land, items of value, or money if one person wronged another in some way

George v. Commonwealth of Virginia, 655 S.E.2d 43 (Va.App. 2008)

VA Court Appeal (middle-state) decided in 2008 with volume 655 page 43

Long arm statue

a court can exercise personal jurisdiction over certain out of state defendants based on activities that took place within the state - Must have had minimum contact with the state to justify jurisdiction - Minimum contact: the defendant must have sufficient connection to the state for the judge to conclude that it is fair for the state to exercise power over the defendant o Ex: out of state defendant caused car accident

Defendant

being sued

Venue

concerned with the most appropriate location for a trial - Civil cases: where defendant resides - Criminal cases: where crime occurred

Administrative law

consists of the rules, orders, and decisions of administrative agencies (group established to perform a specific function)

Bankruptcy Courts

governed by bankruptcy law and only handles bankruptcy proceedings

Basic judicial requirements

jurisdiction over person

personal jurisdiction

jurisdiction over the resident - Rule 1 - always go to where the defendant resides - How to get jurisdiction over a non-resident defendant: RULE #3: Long Arm statute...or property (in rem - go to where property is located)

Constitutional Law

laws expressed in the federal government and states that have separate written constitutions that set forth the general organization, powers and limits of their respective government

respondent

party being sued

petitioner

party bringing a lawsuit

Standing

party must have a sufficient stake in a matter to justify seeking relief through the court system - The party that filed the action in court has a legally protected interest at stake in the litigation - Harm: the party bringing the action must have suffered harm, invasion of legally protected interest, or imminent harm (must be real or substantial) - Causation: must be a causal connection between the conduct complained of and the injury - Remedy: must be likely not speculation that a favorable court decision will remedy the injury suffered

appellee

person against whom the appeal is being taken

Appellant

person appealing

Plantiff

suing party

concurrent jurisdiction

when both federal and state courts have the power to hear a case, as is true in lawsuits involving diversity of citizenship -Party may choose to bring a suit in federal or state court

exclusive jurisdiction

when cases can only be tried in federal courts or only in state courts - Federal courts have exclusive jurisdiction when federal crimes, bankruptcy, patent claims, and suits against the U.S. occur

Jurisdiction over subject matter

(type of case - limited or general) - Refers to limitations on the types of cases a court can hear - General: can decide cases involving a broad range of issues o Ex: state trial court or federal district court - Limited: can only hear specific types of cases o Ex: probate court which deals with a persons assets and obligations after death

Federal Court

- Consists of u.s. district courts with various courts of limited jurisdiction, u.s. courts of appeals, and u.s. supreme court - District court: equivalent of state trial court and have original jurisdiction in matters involving a federal question and concurrent jurisdiction with state courts when diversity jurisdiction exists - U.S. Courts of Appeal: has national appellate jurisdiction over certain types of cases - U.S. Supreme Court: consists of nine justices and works mostly as an appeal court system o Party must request writ of certiorari which is an order issued by the supreme court to a lower court requiring the later to send it to the record of the case for reviews (at least 4/9 must approve it)

state court

- May include trial courts of limited jurisdiction, trial courts of general jurisdiction, appellate courts, states supreme court - Trial Courts: courts where trials are held and testimony is taken o General: county, district, superior, circuit courts and have jurisdiction over broad range of subjects (civil and criminal) o Limited: inferior trial courts might include local municipal courts and domestic relations - Appellate Courts: court of appeal; do not conduct new trials but has a panel of three or more judges who review the record of the case on appeal which includes a transcript of the trial proceedings o Question of fact: deals with what really happened in regard to the dispute being tried o Question of law: concerns the application of the law - Highest state court (supreme): all decisions in this court are final

Importance of case precedent and the doctrine of stare decisis

- Precedent is a decision that furnishes an example or authority for deciding subsequent cases involving identical/similar legal principles or facts - Jurisdiction is a geographic area in which a court has the power to apply the law o Controlling precedents must be followed within a jurisdiction and are a type of binding authority - Stare decisis o Means to stand on decided cases o Court should not overturn its own precedents unless there is a compelling reason to do so o Decisions made by a higher court are binding on lower courts o Helps the courts be more efficient because their legal reasoning and opinions serve as a guideline o Makes the law more stable and predictable

ADR Arbitration

- an arbitrator (neutral third party) hears a dispute and imposes a resolution on the parties - third party actually makes a decision (called an award) for the parties (can either be binding or nonbinding)

Arbitration clauses details

- any commercial matter can be submitted to arbitration - clause is a contract specifying that any dispute arising under the contract will be resolved through arbitration rather than through the court system - parties can also agree to arbitrate after it arises -