LSB 3213 1st Edition Lecture 8 Outline of Last Lecture Court Procedures Judicial Review Jurisdiction Personal Jurisdiction Subject Matter Jurisdiction Standing Court Systems Current Lecture Schedule Today finish Chapters 2 and 3 Tuesday Clickers review questions Thursday Exam 1 Last Class Legitimate court authority Personal jurisdiction minimum contacts Subject matter jurisdiction o Federal court jurisdiction Must relate to a federal question or Involve diverse citizenship AND be over 75 000 Trial versus Appeal Trial courts record facts hear and receive all evidence o The only opportunity to hear the facts for the case Appeals review law and judge on only facts already recorded in the trial courts WSJ article Fair Finance Company o CEO of company in Indiana convicted in trial and sentenced to 50 years in prison for a Ponzi scheme giving money from old investors to new investors and keeping the difference that raised 200 million from hundreds of investors o On appeal the defense lawyer said that there was not enough evidence for the crime 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 The court agreed but the prosecutor had the rest of the evidence that wasn t presented at the trial court This evidence did not count towards the case because it wasn t recorded in the trial court Still convicted to some of the scheme but not for all 50 years Adversarial System US system system of competition zealous advocacy o Committed intense effort towards defending the client Why not unbiased search for truth o Checks and balances o Economic market based argument Want to find the truth so the best way is to pit one side defendant against the other plaintiff and the winner is the best guide to the truth Criticisms o Churchill Democracy is the worst form of government except for all those other forms that have been tried from time to time o Ignore contrary evidence that goes against the client o Duplicate investigative efforts 2 lawyers are paid to look over the same case and the same information looking for information and answers o Influence of money takes a lot of time and money to have a well defended case Litigation Process Complaint o The plaintiff finals the complaint who wronged them when etc Service of Process o The court finds the defendant and the complaint is delivered to them o If the complaint is given to a business someone is appointed to handle the delivery of the complaint to the business Default Judgment o If the defendant does not respond the automatically lose Answer deny defend counter o Deny simply deny that the allegations are true o Defend Explain why you aren t responsible for the allegations presented against you o Counter Bring up your own claim against the plaintiff most common answer Motions o Request the court for action Example no standing for complaint Summary judgment Discovery o Ask the court to grant access to information on the other side o This is where the businesses are most often affected Discovery No fishing expeditions o You need to specific about what documents you are looking for Privileged information o Information the defendant does not have to share such as notes from meeting with their lawyer or attorney Interrogatories o Questions that other party has to answer to in writing and send back to other party Depositions o The witness or others are questioned and answers are recorded outside of court like a conversation o Can cross examine during this Affidavits o The party makes a statement in writing Electronic Discovery Request IT Dept o Request for data emails documents etc from the IT dept Must be careful that you only send what is requested and not other information that could be incriminating Trial High likelihood of settlement o Where the two parties come to a compromise or agreement If it goes to trial Rules of evidence o Rules of what must be submitted as evidence Witnesses Judgment After the trial there is a decision verdict judgment Can file a brief on application of law why the law was incorrectly applied to trial to go to appeals court o Appellant want to appeal Respondent must respond to the appeal Enforcement o Collect judgment through insurance and business assets Alternative Dispute Resolution ADR Abraham Lincoln Discourage litigation Persuade your neighbors to compromise whenever you can Point out to them how the nominal winner is often the real loser in fees expenses and waste of time Private dispute resolution system without going in front of the judge More efficient less cost More flexible not subjected to court processes and rules and decide in advance who your judges will be Courts support ADR and decisions and the decisions made by them Types of ADR o Negotiation negotiate solution o Mediation have mediator help with negotiating a solution o Arbitration like a mini court choose an unbiased judge that has experience with the subject of the dispute o Court ordered can require that the parties try a private mediation before they can go to court o By contract decide upfront who will decide Pros businesses can save time and money the court can enforce arbitration decision all information must remain confidential and does not become public information Negotiation Least formal ADR Informally negotiate dispute to avoid court Contractual example o Within 20 days after a dispute VP from each company will meet If they fail to negotiate a resolution after 10 days then go to mediation Mediation Facilitate communication Bring in person with experience in dispute subject to help mediate negotiations Mediator does not impose judgment just helps bring parties together Contractual example o Select a mediator meet individually and together mediator proposes solutions if no agreed upon solution after 30 days go to binding arbitration Arbitration Like a trial but not public Arbitrator person s issues a decision will be winner and a loser like in court Contractual example o Arbitration to be held in Tulsa under American Arbitration Association rules Each side will present its case and arbitrator will decide Court vs ADR Court o Pros Usually a clear winner loser ADR o Pros Confidentiality faster o Cons No democratic transparency judges experts involved just want to find the best compromise so that they can be chosen again for the next arbitration not always cheaper than court Case Examples Age discrimination case o A company advertises on college