BUSA 2106 LEGAL ENVIRONMENT Courts and ADR Edwin K Palmer COURTS LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION Jurisdiction Jurisdiction A courts power to hear and decide a case Common Law Methods of Obtaining Jurisdiction o o o In Personam In Rem Quasi In Rem More recent Common Law Statutory Method o Long Arm minimum contact meaning what JURISDICTION IN CYBERSPACE Is there sufficient minimum contact in a jurisdiction if the connection is an online ad Sometimes Yes Sometimes No the Sliding Scale Contractual Method of Obtaining Jurisdiction and other items you want in your contract as a business Choice of Laws Provision Forum Selection Jury Waiver Provision Arbitration Provision VENUE Watch it with caution Courts STATE COURT o Trial level Court of Appeal o Supreme Court o FEDERAL COURT o o o Trial level Court of Appeal Supreme Court Writ of Certiorari Which hears what When CONCURRENT JURISDICTION Federal Court s Power of JUDICIAL REVIEW What is it and from where Pleadings PLEADINGS the writings involved in Litigation Summons and Complaint Service Answer and Affirmative Defenses Counterclaim o Cross Claim o Discovery Interrogatories o Request to Admit o Notice to Produce o Deposition etc o Motions a plenty Motion for Summary Judgment Trials Arbitration Mediation TRIAL Your right to a JURY ARBITRATION Binding 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 You