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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