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O-K-State LSB 3213 - Jurisdiction
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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 ActCurrent LectureSchedule- D2L: clicker registration and study guideo Available on D2Lo 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- [email protected] (918) 594-8016Procedures-Big Picture- “The first thing we do, let’s kill all the lawyers”o Shakespeare- about revolutionarieso Negative View: If you want to kick out old rules and get new ones- you must get rid of the guardians of the lawo 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 decisionso 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 itValue of Procedures- How substantive rights are enforced- Form over substance?o There will always be a processJudicial Review- Marbury v. Madison, 1803o Principle: Judicial review- courts can over-rule legislature and even the Presidentover what is legal and what is noto 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 caseo Personal jurisdiction Jurisdiction over the person of businesso Subject matter jurisdiction The dispute itself, in the right courtPersonal 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 decideto 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 testo 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 metalso Has 32 purchase orders with a NC companyo NJ company has no offices or employees in NC, but has contracts to do business with the company in NCo 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 - Interneto 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 authorityo Legitimate for courts to say you can or cannot sue in a certain stateo Only legitimate if there are minimum contactsSubject Matter Jurisdiction- State courtso Do anything (default), general jurisdiction- Specialty courtso Like small claims court in stateo Federal-bankruptcy, tax, copyrights and patents (exclusive jurisdiction)- Concurrent jurisdictiono Can be in each- federal or state court- 2 ways to go to Federal court:o 1. It relates to a Federal questiono 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 localo State: Judges are local and could be biased if they want to be re electedJurisdiction- Big picture: legitimate power?o This court?o This dispute?o These parties?o This place?- “Procedures” vs. substantive rightsSubject Matter Jurisdiction- Exampleso Two OK companies, breach of contract claim Will always stay in state courtso Same OK companies, equal protection claim Can go to OK federal district courto 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 caseStanding 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 SystemState Court Federal CourtsTrials Courts District CourtsAppeals Courts Circuit CourtsSupreme 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


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