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