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LSB 3213 1st Edition Lecture 8 Outline of Last Lecture- Court Procedures- Judicial Review- Jurisdiction- Personal Jurisdiction- Subject Matter Jurisdiction- Standing- Court SystemsCurrent LectureSchedule- Today: finish Chapters 2 and 3- Tuesday: Clickers (review questions)- Thursday: Exam 1 Last Class- Legitimate court authority?- Personal jurisdiction: minimum contacts- Subject matter jurisdictiono Federal court jurisdiction: Must relate to a federal question or Involve diverse citizenship AND be over $75,000Trial versus Appeal- Trial courts: record facts, hear and receive all evidenceo 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 Companyo 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 investorso On appeal, the defense lawyer said that there was not enough evidence for the crimeThese 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 yearsAdversarial System- US system: system of competition- zealous advocacyo Committed, intense effort towards defending the client- Why not unbiased search for truth?o Checks and balanceso 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 cliento Duplicate investigative efforts: 2 lawyers are paid to look over the same case and the same information looking for information and answerso Influence of money: takes a lot of time and money to have a well defended caseLitigation Process- Complainto The plaintiff finals the complaint- who wronged them, when, etc- Service of Processo The court finds the defendant and the complaint is delivered to themo If the complaint is given to a business, someone is appointed to handle the delivery of the complaint to the business- Default Judgmento If the defendant does not respond, the automatically lose- Answer (deny, defend, counter)o Deny: simply deny that the allegations are trueo Defend: Explain why you aren’t responsible for the allegations presented against youo Counter: Bring up your own claim against the plaintiff- most common answer- Motionso Request the court for action Example: no standing for complaint Summary judgment- Discoveryo Ask the court to grant access to information on the other sideo This is where the businesses are most often affectedDiscovery- No fishing expeditionso You need to specific about what documents you are looking for- Privileged informationo Information the defendant does not have to share such as notes from meeting with their lawyer or attorney- Interrogatorieso Questions that other party has to answer to in writing and send back to other party- Depositionso The witness or others are questioned and answers are recorded outside of court like a conversationo Can cross examine during this - Affidavitso 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 incriminatingTrial- High likelihood of settlemento Where the two parties come to a compromise or agreement - If it goes to trial…Rules of evidenceo Rules of what must be submitted as evidence- WitnessesJudgment- 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 courto Appellant: want to appeal; Respondent: must respond to the appeal- Enforcemento Collect judgment through insurance and business assetsAlternative 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 wasteof 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 ADRo Negotiation: negotiate solutiono Mediation: have mediator help with negotiating a solutiono Arbitration: like a mini court- choose an unbiased judge that has experience with the subject of the disputeo Court ordered: can require that the parties try a private mediation before they can go to courto By contract: decide upfront who will decide- Pros: businesses can save time and money, the court can enforce arbitration decision, allinformation must remain confidential and does not become public informationNegotiation- 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 mediationMediation- 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 arbitrationArbitration- 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. Eachside will present its case and arbitrator will decide.Court vs. ADR- Court:o Pros: Usually a clear winner/loser- ADR:o Pros: Confidentiality, fastero Cons: No democratic transparency, judges/experts involved just want to find the best compromise so that


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