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GSU BUSA 2106 - 2106 - 2012 COURTS

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BUSA 2106 - LEGAL ENVIRONMENT: Courts and ADR Edwin K. PalmerCOURTS, LITIGATION ANDALTERNATIVE DISPUTE RESOLUTIONJurisdiction Jurisdiction – A courts power to hear and decide a case. Common Law Methods of Obtaining Jurisdiction:o In Personamo In Remo Quasi In Rem More recent Common Law/Statutory Method:o Long Arm • minimum contact meaning what?JURISDICTION IN CYBERSPACEIs there sufficient “minimum contact” in a jurisdiction if the connection is an online ad? Sometimes YesSometimes No… the Sliding ScaleContractual Method of Obtaining Jurisdiction Choice of Laws Provision Forum Selection Jury Waiver Provision Arbitration ProvisionVENUE – Watch it with caution.(and other items you want in your contract … as a business)Courts STATE COURTo Trial levelo Court of Appealo Supreme Court FEDERAL COURTo Trial levelo Court of Appealo Supreme Court (Writ of Certiorari) Which hears what? When? CONCURRENT JURISDICTION  Federal Court’s Power of JUDICIAL REVIEW. What is it and from where?PleadingsPLEADINGS… the writings involved in Litigation Summons and Complaint (Service) Answer and  Affirmative Defenseso Counterclaimo Cross Claim Discoveryo Interrogatorieso Request to Admito Notice to Produceo Deposition, etc. Motions… a plenty Motion for Summary JudgmentTrials, Arbitration, Mediation TRIALYour right to a JURY ARBITRATIONBinding method of resolving disputes. Recommended for Business. MEDIATION Non-binding method of resolving dispute unless matter already in litigation. Can become binding but you’re in control. Recommended for Business and


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GSU BUSA 2106 - 2106 - 2012 COURTS

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