Bài giảng Business Law (13th edition) - Chapter 2: The Resolution of Private Disputes

Foundations of American LawThe Nature of LawThe Resolution of Private DisputesBusiness and The ConstitutionBusiness Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking1McGraw-Hill/Irwin Business Law, 13/e© 2007 The McGraw-Hill Companies, Inc. All rights reserved.The Resolution of Private DisputesPAETRHC2“In case of dissension, never dare to judge till you have heard the other side.” Euripides Learning ObjectivesState courts and their jurisdictionFederal courts and their jurisdictionCivil ProcedureAlternative Dispute Resolution2 - *The United States has a federal court system and each state has a court systemJurisdiction (the power to hear and speak) may be original (trial) or appellate (reviews trial court)Entry into the Federal court system begins at the District court level and proceeds through appellate courts to U.S. Supreme CourtThe U.S. Judicial System2 - *Court Hierarchy U.S. Supreme Court Courts of Appeals  District CourtsFEDERAL2 - *Supreme Court  Appeals Courts District Courts County Courts Small Claims CourtsSTATELimited Jurisdiction Courts (state or federal)General jurisdiction courts (i.e., trial courts) hear most types of casesLimited jurisdiction courts hear specialized types of cases (family, tax, traffic)Subject-matter jurisdiction refers to a court’s authority to hear a particular type of disputeGeneral vs. Limited Jurisdiction2 - *In addition to subject-matter jurisdiction, a court must have either:In personam jurisdiction: defendant must be resident of, located within, or committed acts within physical boundaries of court authorityIn rem jurisdiction: property that is subject of dispute is located within physical boundaries of court authorityIn Personam or In Rem Jurisdiction2 - *Federal courts must have jurisdiction based on diversity or federal questionDiversity jurisdiction exists when the dispute is between citizens of different states and amount in controversy exceeds $75,000Federal question jurisdiction exists when the dispute arises under the Constitution, laws, or treaties of the United StatesFederal Court Jurisdiction2 - *Civil Procedure In an adversarial system, the plaintiff bears the burden of proof to prove his/her case by a preponderance of the evidence Burden may shift to defendantPre-trial process moves through phases: action or omission causes harm, complaint filed, defendant served with summons, defendant files answer, discovery, pre-trial motions2 - *Jury selectionOpening statementsEvidence through witnesses (direct and cross-examination)Closing argumentsJury verdictCivil Trial Procedure 2 - *Trier of Fact (jury or judge) sees material evidence (physical objects, documents), hears testimony of witnesses (who provide factual evidence), and decides outcome of the case based on factsMatters of law are issues not of fact, but of law; matters of law decided only by a judgeCivil Trial Procedure 2 - *After a judgment has been entered, losing party may appeal decision to a higher courtAfter a judgment, winning party must have the judgment executed (carried out) to obtain money, property, or action ordered by the courtCivil Trial Post-Trial Procedure 2 - *Alternate Dispute ResolutionArbitration: dispute settled by one or more arbitrators selected by the parties to a dispute; relatively formal; Uniform or Federal Arbitration acts typically usedMediation: parties choose neutral party to aid resolution of disputeReference to Third Party: dispute resolution by rent-a-judge, minitrial, summary jury trial, or association tribunal2 - *Test Your KnowledgeTrue=A, False = BA trial court has original jurisdiction and an appellate court has appellate jurisdictionThe difference between general jurisdiction and limited jurisdiction is based on the amount in controversy (the damages amount) Subject-matter jurisdiction refers to a court’s authority to hear a particular type of dispute2 - *Test Your KnowledgeTrue=A, False = BIn personam jurisdiction refers to the court’s jurisdiction over the defendant, but in rem jurisdiction refers to the court’s jurisdiction over the property in disputeThe burden of proof solely rests on the plaintiffMatters of law are determined by either the jury or the judge.2 - *Test Your KnowledgeMultiple ChoiceDiversity jurisdiction refers to:(a) a jury pool reflecting ethnic makeup of city(b) a citizen’s lawsuit against the government(c) a lawsuit by a citizen of one state against a citizen of a different stateAfter the verdict:(a) Either party may make post-verdict motions(b) The trial must end(c) The trial begins2 - *Test Your KnowledgeMultiple ChoiceAlternative dispute resolution methods include:(a) Mediation(b) Arbitration(c) Summary jury trial(d) All of the above2 - *Test Your KnowledgeMultiple ChoiceDiscovery refers to:(a) the discovery that a dispute exists(b) the pre-trial process involving interrogatories, requests for admissions, and requests for documents(c) the analysis of fault in a dispute 2 - *Thought QuestionIf you were served with a lawsuit, what would you do about it? 2 - *