Chapter 2 The Resolution of Private Dispute I State Courts and Their Jurisdictions a There are 52 court systems II Courts and Limited Jursidiction i 1 for each state 1 for DC 1 Federala a Where small claims minor criminal offenses and civil disputes involving small amounts of money i Traffic court ii Probate court iii Small claims court b No record kept meaning appeals go to trial courts III Trial Court a Find relevant facts identify the appropriate rules of law and combine the facts and the law to reach a decision b Differneces from Courtw and Limited Jurisdiction i Not goverened by subject matter restrictions or the limits on civil damages or criminal penalties that govern lower courts IV Appellate Courts ii Detailed records are kept a V Jurisdiction and Venue Jurisdiction on the parties onvolved in the case a State appeals court generally decide only legal questions i Review record of trial court proceedings ii Correct errors made by 1st judge but usually keep decision in place a courts power to hear a case and to issue a decision binding b Subject Matter Jurisdiction courts power to decide the type of dispute i Criminal courts cant hear civil matters c Personam Jurisdiction based on residence location or activities of the defendant i Citizens or residents of state ii In states borders when served iii Consent to courts authority iv Doing business within a state d In Rem Jurisdiction based on the presence of property within the state i Empowers state courts to determine rights in that property even in the person affected are outside the staes in personam jurisdiction a court has venue if it is is territorially fair and convienent forum in e Venue which to hear the case i Set by state statues f Role of Forum Selecting Clauses must be litigated in a particular state VI Federal Courts and Their Jurisdiction a Federal District Courts i District Court Jurisdiction a clause in a contract that states matters 1 Diversity Jurisdiction a The case is between citizens of different states b The amount in controversy exceeds 75 000 2 Federal Question Jurisdiction a When the case arises under Constitutional laws or ii Concurrent Jurisdiction and Removal treaties of the USA 1 Have exclusive jurisdiction over some matters a Patent cases 2 sometimes have jurisdiction with states on same matter b Specialized Federal Courts i Court of Federal Claims hears claims against USA ii Court of International Trade tariffs customs other trade matters iii Bankruptcy Courts adjuntc of district court iv Tax Court IRS discrepienceis c Federal Court of Appeals i Do not engage in fact finding ONLY review the legal conclusions reached by lower federal courts d US Supreme Court i Highest Court in the Land Appellate Court 1 considers only questions of law when it decides appeals from federal courts 2 Rare instencies has Original Jurisdiction a Where it acts as a trial court i States against other states ii Foreign ambassadors ministers VII Alternative Dispute Resolution a Considerations i Quicker resolution of disputes ii Lower cost of time and money and aggrevation iii Lessing strain on overloaded court system iv Use of decision makers with specialized expertise v Potential for compromises b Cons c Forms i Potential for biased decisions i Settlement ii Arbitration 1 1 a contract where the defendant agrees to pay plantiff as long as plantiff drops suit issuing dispute to a neutral 3rd party arbitrator who issues a binding decision iii Court Annexed Arbitration 1 certain civil lawsuits are diverted into arbitration iv Mediation 1 a neutral 3rd party individual called a mediator helps facilitate communication between parties He clarifys points helps each side see the other and issues suggestions to solve 2 different from arbitration in that decision is none binding v Summary Jury Trial 1 a abbreviated non binding non pblick mock trial in an effort for each side to see the other vi Minitrial 1 an abbreviated private trial whose aim is to promote settlement of disputes
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