LSB 3213 1st Edition Lecture 7 Outline of Last Lecture Business Ethics Corporate Social Responsibility Profit Maximization Long Term Ethics Whistleblowing laws Sarbanes Oxley Foreign Corrupt Practices Act Current Lecture Schedule D2L clicker registration and study guide o Available on D2L o Study guide is just over terminology that you need to be familiar with for the exam but will not help you understand how to apply these concepts to different scenarios Today Courts and court procedures Today Guest speaker study abroad Thursday litigation and ADR chapter 3 Study Abroad Dr Raj Basu VP of Academic Affairs OSU Tulsa raj basu okstate edu 918 594 8016 Procedures Big Picture The first thing we do let s kill all the lawyers o Shakespeare about revolutionaries o Negative View If you want to kick out old rules and get new ones you must get rid of the guardians of the law o Positive View Must get rid of insulations of law for the rich and powerful Two interpretations o Law and order Negative View These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Procedures are designed to get full disclosure of the facts so that judges can make impartial decisions o Insulate the powerful Positive View Pro Procedures level the playing field and brings more information to light Con Procedure can add delay and cost Could get rid of your opponent with more procedural steps the opponent may not be able to afford it Value of Procedures How substantive rights are enforced Form over substance o There will always be a process Judicial Review Marbury v Madison 1803 o Principle Judicial review courts can over rule legislature and even the President over what is legal and what is not o Different Forms Judiciary Judges make the decision what the US uses Congress Parliament civil law Parliament just decides if the law was broken or not Executive Dictator makes the decision Jurisdiction Power to speak the law 2 forms need both in every case o Personal jurisdiction Jurisdiction over the person of business o Subject matter jurisdiction The dispute itself in the right court Personal Jurisdiction NY car dealer case NY couple buys a car from a dealer in NY have an accident in OK believe the dealer covered up some defect in the car that caused the accident and decide to sue the NY car dealer in OK as this is where the crash and all bills occurred Does OK court have jurisdiction OK court uses the foreseeable test o The couple told the dealer that they would be taking a road trip with the car so the dealer was given notice SCOTUS dealer lacks minimum contacts in OK o So the couple must sue in NY Is it reasonable to have to defend case in any state o No just in states where you have minimum contacts NJ metal company case puts rust resistant coating on metals o Has 32 purchase orders with a NC company o NJ company has no offices or employees in NC but has contracts to do business with the company in NC o NC company sues company in NC is this fair Yes the court said that they had minimum contacts in NC because they did business and signed contracts there Internet o Interactive website with online sales like Amazon Can be sued anywhere where they sell things to o Passive website where only you can only view products cannot buy anything from the site Can only be sued in the state where the product is actually sold If you advertise in other states and get sale from that advertisement can be sued in that state as well Big Picture Legitimate authority o Legitimate for courts to say you can or cannot sue in a certain state o Only legitimate if there are minimum contacts Subject Matter Jurisdiction State courts o Do anything default general jurisdiction Specialty courts o Like small claims court in state o Federal bankruptcy tax copyrights and patents exclusive jurisdiction Concurrent jurisdiction o Can be in each federal or state court 2 ways to go to Federal court o 1 It relates to a Federal question o 2 Diversity of citizenship from different states AND 75 000 dispute MUST HAVE BOTH State vs federal courts exclusive vs concurrent Why does it matter what court you go to o Federal wider jury pool judges appointed by the President not an elected local o State Judges are local and could be biased if they want to be re elected Jurisdiction Big picture legitimate power o This court o This dispute o These parties o This place Procedures vs substantive rights Subject Matter Jurisdiction Examples o Two OK companies breach of contract claim Will always stay in state courts o Same OK companies equal protection claim Can go to OK federal district court o OK and TX companies TX company has office in OK 2 million breach claim State court minimum contacts Concurrent claim diversity of citizenship over 75 000 dispute Goes to Federal Court Test questions o Will be given the case and must be able to tell which court it would go to which court has valid claim for the case Standing to sue someone Harm has to be an actual injury cannot be hypothetical Harm must be caused by the defendant and the court must be able to provide a remedy usually money Court System State Court Federal Courts Trials Courts District Courts Appeals Courts Circuit Courts Supreme Courts US Supreme Court SCOTUS Supreme court writ of certiorari cert o What happens to a case that tries to appeal to the US Supreme Court The rule of 4 If four judges of 9 want to hear the case they will no oversight on SCOTUS The case is guaranteed to be appealed by the circuit court but cannot be guaranteed to be appealed to the US Supreme Court