Transcript BUSINESS LAW Twomey & Jennings Chapter 2 The Court System and
BUSINESS LAW
Twomey • Jennings 1 st Ed.
Twomey & Jennings
BUSINESS LAW
© 2004 West Legal Studies in Business A Division of Thomson Learning Chapter 2
The Court System and Dispute Resolution
BUSINESS LAW
Twomey • Jennings 1 st Ed.
The Court System
• Courts hear disputes according to their jurisdiction. – General jurisdiction courts hear a wide range of matters.
– Limited jurisdiction courts deal with cases restricted to certain subject matter.
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Court Systems
• The courts in the United States are organized into the state and federal court systems, each (generally) with three levels: – –
trial courts.
appellate courts.
–
a supreme court.
• Supreme and appellate courts review the decisions of trial courts and either affirm, reverse or remand the lower court’s decision.
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The Federal Court System
Supreme Court of the United States
( Highest appeals court; review from lower appeals courts is usually at the discretion of the Supreme Court) © 2004 West Legal Studies in Business A Division of Thomson Learning
U.S. Courts of Appeals Circuit Courts
– Jurisdiction by geographic area.
Court of Appeals for the Federal Circuit
– Nationwide jurisdiction by subject matter
Review
Federal District Courts Tax Court Indian Tribal Court
Specialty Courts
Bankruptcy Court 4
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The State Court System
Possible Appeal to the United States Supreme Court
State Supreme Court State Court of Appeals General Trial Court
(County, Circuit & Superior Court) Juvenile
Specialty Courts
Probate Domestic Relations City or Municipal (Traffic) Small Claims © 2004 West Legal Studies in Business A Division of Thomson Learning 5
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Court Procedure
• Within the courts of original jurisdiction, there are rules for procedures in all matters. • A civil case begins with the filing of a complaint by a plaintiff, which is served upon the defendant and then answered. • Discovery is the pretrial process used by the parties to find out the evidence in the case (depositions, interrogatories, and document requests).
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Trial Procedures
• The case is managed by a judge and may be heard by a jury.
– Through the process of
voir dire
, the parties may challenge the selection of certain potential jurors. • The trial involves opening statements, the presentation of evidence, and the direct and cross examination of witnesses. • Once a judgment is entered, the party who has won can collect the judgment through garnishment and a writ of execution.
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Steps in Litigation
1. Complaint by plaintiff 2. Service of process on defendant 3. Defendant’s answer Deny Counterclaim Admit 4. Discovery Depositions Interrogatories Request for Production 5. Motion for Summary Judgment (if no factual issues) © 2004 West Legal Studies in Business A Division of Thomson Learning 8
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Steps in Litigation
Trial a. Jury selection b. Opening statements.
c. Plaintiff’s case.
voir dire.
challenge for cause.
peremptory challenge.
Direct.
Cross.
Redirect.
Recross.
d. Motion for directed verdict.
e. Defendant’s case.
f. Summation.
g. Jury instructions.
h. Jury verdict or mistrial (deadlocked).
i. Motion for new trial or judgment.
j. Recovery - fees, execution, garnishment.
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Alternative Dispute Resolution
ADR Arbitration Association Tribunal Mediation Minitrial Use of Ombudsman Rent-a Judge Reference to Referee Summary Jury Trial © 2004 West Legal Studies in Business A Division of Thomson Learning 10
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Alternative Dispute Resolution
• Arbitration – disputes are settled by arbitrators who take evidence and make a binding or non-binding decision.
– Uniform Arbitration Act.
– Federal Arbitration Act.
Green Tree Financial Corp v Randolph
(2000) Is the arbitration clause binding?
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Alternative Dispute Resolution
• Mediation – disputes are settled by the parties who use a third person to facilitate their settlement. • Summary Jury Trial.
• Mini-trial.
• Ombudsman.
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