Bài giảng Business Law - Chapter 2: The Resolution of Private Disputes

Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin1The Nature of LawThe Resolution of Private DisputesBusiness and The ConstitutionBusiness Ethics, Corporate Social Responsibility, Corporate Governance, and Critical ThinkingFoundations of American LawPARTThe Resolution of Private DisputesPAETRHC2“In case of dissension, never dare to judge till you have heard the other side.” Euripides Learning ObjectivesIdentify sources and types of lawIdentify the law that takes precedence when two types of laws conflict Differentiate criminal law from civil lawDifferentiate schools of jurisprudence Describe the role of precedent (stare decisis)Explain major techniques of statutory interpretationThe United States has a federal court system and each state has a court systemA Court is established by a government to hear and decide matters before it and redress past or prevent future wrongsJurisdiction (the power to hear and speak) may be original (trial) or appellate (reviews trial court)The U.S. Judicial SystemGeneral jurisdiction courts (i.e., trial courts) hear most types of casesLevels generally classified according to dollar amount of damages or locationExamples: county courts, district courtsLimited jurisdiction courts hear specialized types of cases; appeals from decisions often require new trial in general jurisdiction courtExamples: traffic court, tax court, family courtGeneral vs. Limited JurisdictionSubject-matter jurisdiction refers to a court’s authority to hear a particular type of dispute Courts of criminal jurisdiction hear trials of crimes and misdemeanorsOffenses against the public at largeCourts of civil jurisdiction hear and decide issues concerning private rights and duties (e.g., contracts, torts), and non-criminal public matters (e.g., zoning, probate)Subject-Matter JurisdictionBesides subject-matter jurisdiction, court must have either in personam or in rem jurisdictionIn personam jurisdiction requires that defendant be resident of, located within, or acted within physical boundaries of the court’s authorityIn rem jurisdiction applies when property that is the subject of the dispute is located within physical boundaries of the court’s authority In Personam or In Rem JurisdictionFederal 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 JurisdictionCivil Procedure A set of rules establishing how a lawsuit proceeds from beginning to endIn an adversarial system, the plaintiff bears the burden of proof to prove his/her case by a preponderance of the evidence Once plaintiff has made a prima facie case (i.e., proved the basic case), the burden of proof may shift to defendantPlaintiff’s complaint or petition plus the defendant’s answer or response are known as the pleadingsDefendant may enter a counterclaim against plaintiff or cross-complaint against 3rd partyOther parties may enter the caseMotion practice beginsCivil Pre-Trial Procedure Discovery: Obtaining evidence from other party through interrogatories, requests for admissions, requests for documents, and depositionsDiscovery process can be a battlegroundSee Allstate Indemnity Co. v. RuizPretrial Conference: Where judge will hear and rule on many evidentiary issues, discovery disputes, and other concerns Civil Pre-Trial Procedure Jury Selection Voir Dire or Jury QuestioningOpening Statement from each partyCivil Trial Procedure Plaintiff’s case through direct examination of witnesses (defendant performs cross-examination) and defendant’s case through direct examination (and plaintiff’s cross-examination) Closing argument or summation from each partyJury verdictCivil Trial Procedure Trial motions include: motions in limine (motion to limit evidence), voluntary non-suit or dismissal (drop the case), motion for compulsory non-suit or summary judgment After summation or closing argument, a party may move for a mistrial (injustice or overwhelming prejudice) or directed verdict (weight of evidence leads to only one conclusion)Civil Trial Procedure Trier of Fact sees material evidence (physical objects, documents), hears testimony of witnesses (who provide factual evidence), and decides outcome of the case based on facts; trier of fact may be judge or juryMatters of law are issues not of fact, but of law; matters of law decided only by a judgeE.g., whether a statute means X or Y, or one law or another applies to the factsCivil Trial Procedure After jury verdict, a party may make a motion for new trial, judgment non obstanto verdicto (notwithstanding the verdict) or remittitur (defendant requests judge to reduce amount of damages the jury recommended)After a judgment has been entered:Losing party may appeal decision to higher courtWinning party must have the judgment executed (carried out) to obtain money, property, or action ordered by the courtCivil Post-Trial Procedure 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 tribunalThought QuestionIf you were served with a lawsuit, what would you do about it?