BCOR 3000 Chapter 3 BCOR 3000 Chapter 3 Professor Michael Maciszewski Professor Michael Maciszewski Esquire Esquire September 8 2015 and September 10 2015 September 8 2015 and September 10 2015 Agenda Today and Agenda Today and Thursday Thursday Reality every manager will face a lawsuit Reality every manager will face a lawsuit The Judiciary s Role in American s Role in American The Judiciary Basic Judicial Requirements Jurisdiction Basic Judicial Requirements Jurisdiction and Standing and Standing Ripeness and Mootness not in textbook Ripeness and Mootness not in textbook The State and Federal Court Systems The State and Federal Court Systems Question of Fact vs Question of Law Question of Fact vs Question of Law The Trial Process The Trial Process Alternative Dispute Resolution ADR Alternative Dispute Resolution ADR 1 1 2 2 Government Government 3 3 Venue Venue 4 4 5 5 6 6 7 7 8 8 Reality You will face a lawsuit Reality You will face a lawsuit Employment issues Torts Breach of contract And many more The Judiciary s Role in American s Role in American The Judiciary GovGov tt We need someone to interpret the various statutes and ordinances The Judiciary s Role in American s Role in American The Judiciary GovGov tt Judicial Review process by which a court decides on the constitutionality of legislative branch enactments e g statutes and executive branch actions Part of the checks and balances system Not mentioned in U S Constitution Marbury v Madison 1803 Basic Judicial Requirements Before a court can hear a lawsuit certain requirements must first be met 1 Jurisdiction who 2 Venue where 3 Standing Jurisdiction Jurisdiction Jurisdiction the authority of a court to hear and decide a specific case Before any court can hear a case it must have In personam jurisdiction over the person or company against whom the suit is brought defendant or In rem jurisdiction over the property involved in the lawsuit and Subject matter jurisdiction over the subject matter of the dispute usually defined in statute or constitution creating the court Jurisdiction cont dd Jurisdiction cont Long Arm Statute a state statute that enables a state to exercise jurisdiction over non resident defendants based on activities that took place within the state Minimum Contacts basis used to determine if a non resident defendant had sufficient dealings with a state to justify that state s jurisdiction over the non resident defendant Jurisdiction Applied to Jurisdiction Applied to Businesses Businesses Same principles used by courts to determine whether it is fair to exercise jurisdiction over businesses Personal Jurisdiction In the state in which it was incorporated has its principal office and is doing business Minimum Contacts If the business advertises or sells products within the state or places its goods into the stream of commerce with the intent that the goods be sold in the state Jurisdiction of Federal Courts Jurisdiction of Federal Courts Limited jurisdiction of federal courts based only on 1 Federal Question a question that pertains to the U S Constitution a federal statute i e act of Congress or a treaty OR 2 Diversity of Citizenship when citizens of different states are involved in a lawsuit With 75 000 minimum amount in controversy Concurrent vs Exclusive Concurrent vs Exclusive Jurisdiction Jurisdiction Concurrent Jurisdiction when two different courts have the power to hear a case Exclusive Jurisdiction when a case can be heard only in a particular court or type of court By federal court e g involving federal crimes bankruptcy patents and copyrights lawsuits against the federal government By state court e g divorce and adoption File in Federal or State Court File in Federal or State Court State Most Cases State Most Cases Applies to both civil and criminal Applies to both civil and criminal Federal exclusive Federal exclusive Violations of federal statutes trademark and Violations of federal statutes trademark and patent admiralty patent admiralty Concurrent can file in either Concurrent can file in either Remember plaintiff can choose Remember plaintiff can Federal question no minimum Federal question no minimum Diversity Minimum 75 000 Diversity Minimum 75 000 choose federal if federal if Jurisdiction in Cyberspace Jurisdiction in Cyberspace Sliding Scale Standard used to determine when the exercise of jurisdiction over an out of state defendant is proper in connection with minimum contacts standard based on three types of Internet business contacts 1 Substantial business conducted over the Internet e g with contracts and sales YES 2 Some interactivity through a website MAYBE 3 Passive advertising if people have to voluntarily access it to read the message vs it being sent to them NO International Jurisdiction Issues International Jurisdiction Issues The world s courts seem to be developing a standard that resembles the minimum contacts requirement applied by U S courts Therefore a business has to comply with the laws in any jurisdiction in which it targets customers for its products Can cost a lot of time money and energy because every jurisdiction s laws differ Venue Venue Venue geographic district in which a legal action is tried and from which the jury is selected What is most appropriate physical location for a trial Policy a court trying a suit should be in the geographic neighborhood usually the county where the incident leading to the lawsuit occurred or where the parties involved in the lawsuit reside Plaintiff picks venue based on where she he it files Defendant can submit a motion for change of venue in order to receive a fair trial Venue cont dd Venue cont Examples of change in venue Dallas jury s conviction of Jack Ruby relating to assassination of President John F Kennedy Appellate court ruled Ruby s motion to change venue should have been granted because of Dallas citizens mindset Tsarnaev s motion to change venue s motion to change venue Boston Marathon bombing Judge denied Tsarnaev But MA law prohibits capital punishment But what about a business context Small towns where a company is based Establishing venue in contracts Forum shopping Jurisdiction and Venue Wrap up Jurisdiction and Venue Wrap up Jurisdiction is a WhoWho question question Jurisdiction is a Who can hear the case Which state Can a federal courts hear the case Venue is a WhereWhere question question In which location s can the case be heard i e which county or counties Both must be met Venue can be good Both must be