Slide 1Dispute Resolution 1Opening scenario (Chapter 3, p. 34)Slide 4Attorney FeesJurisdictionSubject Matter Jurisdiction State CourtsSubject Matter Jurisdiction State CourtsSubject Matter Jurisdiction Federal CourtsSubject Matter JurisdictionSubject Matter Jurisdiction Federal CourtsSubject Matter Jurisdiction Federal Courts DistrictsSubject Matter Jurisdiction State or Federal?Slide 14Personal JurisdictionPersonal JurisdictionPersonal Jurisdiction World-Wide Volkswagen Corp. v. WoodsonJurisdiction in CyberspaceLEGAL AND ETHICAL ENVIRONMENT OF BUSINESSGerlinde Berger-Walliser, JD, Ph.D.,Assistant Professor of Business Law,University of ConnecticutDISPUTE RESOLUTION 1Chapter 3 Courts and JurisdictionOpening scenario (Chapter 3, p. 34)Litigation vs. Alternative Dispute ResolutionpLitigation refers to lawsuits; the process of filing claims in court, and ultimately going to trial.pAlternative Dispute Resolution (ADR) is any other formal or informal process for settling disputes without going to trial.Attorney Fees•Contingent fee – if you win the lawyer get a % of your winnings if you lose you have to pay the expense of the lawyer•Fixed fee •Hourly fee – business law, very expensive • Court Feeshttp://www.jud.ct.gov/external/super/courtfee.htm http://www.businessweek.com/magazine/the-price-of-winning-at-the-supreme-court-08042011-gfx.htmlJurisdiction•Jurisdiction = To “speak the law”, the power to speak the law. http://dictionary.law.com/Default.aspx?selected=1070 •Subject matter jurisdiction: Means that a court has the authority to hear a particular type of case (e.g. state or federal, trial – appellate, civil – criminal)•Personal jurisdiction: Is the legal authority to require the defendant to stand trial, pay judgments, and the like.Subject Matter JurisdictionState CourtsSubject Matter JurisdictionState Courts•Trial Court (evidence presented; witnesses may testify; jury trials or bench trials held, etc.)•Original Jurisdiction (court where cases may originate -are filed for the first time)•In CT the trial court is called the CT Superior Court•Appellate Court (3 or more judges review the the trial court record to ensure that the law has been applied correctly, no jury , no witnesses, no discussion of facts)•CT Supreme Court (5 to 7 judges)Subject Matter JurisdictionFederal Courts•A federal court has the power to hear a case in •Issues touching on the constitution or federal law (federal jurisdiction) •In issues that do not touch constitutional or federal law when the parties have their residence in different States and the "amount-in-controversy" is $75,000 or more (diversity jurisdiction)•a claim that would normally come under the jurisdiction of a state court if it is related to a claim already before that court (supplementary jurisdiction)Subject Matter JurisdictionFederal•federal crimes•suits between states•ambassadors and diplomats•bankruptcy•patent, copyright and federal trademark•admiralty•antitrust•securities and banking regulationState•state crimes•contracts*•torts (personal injury)*•family law (divorce, custody, etc.)•probate •real estate•state constitutional issues*where the parties are from the same state or less than $75,000 is in issue – otherwise jurisdiction is concurrent.Subject Matter JurisdictionFederal Courtshttp://www.catea.gatech.edu/grade/legal/structure.htmlSubject Matter JurisdictionFederal Courts Districtshttp://www.catea.gatech.edu/grade/legal/circuits.htmlSubject Matter JurisdictionState or Federal?World-Wide Volkswagen Corp. v. Woodson: http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=444&invol=286 Harry and Kay Robinson purchased a new Audi automobile from Seaway Volkswagen, Inc. (Seaway), in Massena, New York, in 1976. The following year the Robinson family, who resided in New York, left that state for a new home in Arizona. As they passed through Oklahoma, another car struck their Audi in the rear, causing a fire that severely burned Kay Robinson and her two children. Map by Gigillo83, original of 70.29.208.129 [GFDL (http://www.gnu.org/copyleft/fdl.html)Subject Matter JurisdictionWorld-Wide Volkswagen Corp. v. WoodsonThe Robinsons sought to bring a products-liability lawsuit claiming that their injuries resulted from the defective design and placement of the Audi’s gas tank and fuel system. They intended to sue numerous defendants, including the automobile’s manufacturer, Audi, a German corporation; its importer, Volkswagen of America, Inc.; its regional distributor, World-Wide Volkswagen Corp., a New York corporation; and its retail dealer, Seaway, a New York corporation.•Should this lawsuit have been brought in state or federal court? STATEBy West Midlands Police from West Midlands, United Kingdom [CC-BY-SA-2.0 (http://creativecommons.org/licenses/by-sa/2.0)], via Wikimedia CommonsPersonal Jurisdiction•Personal jurisdiction: Is the legal authority to require the defendant to stand trial, pay judgments, and the like.Personal jurisdiction typically exists if:a) The defendant is a resident of the state in which the lawsuit is filed;b) Or the defendant answers or files documents in that courtc) A summons is served on a defendant, when she is physically present ord) …Personal Jurisdiction… A long-arm statute appliesAnd “the defendant had sufficient minimum contacts with the forum state* such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.” (Due Process Clause, see Landmark Case: International Shoe) 1. Are there at least “MINIMUM CONTACTS?"2. Would it be UNFAIR to have the Defendant submitted to the power of this court?* Forum state = the State handling the casehttp://thedemandingmistress.blogspot.com/2011/01/section-62-of-copyright-act-and-extra.htmlPersonal JurisdictionWorld-Wide Volkswagen Corp. v. Woodson •…”The facts presented to the District Court showed that World-Wide is incorporated and has its business office in New York. It distributes vehicles, parts, and accessories, under contract with Volkswagen, to retail dealers in New York, New Jersey, and Connecticut. Seaway, one of these retail dealers, is incorporated and has its place of business in New York. Insofar as the record reveals, Seaway and World-Wide are fully independent corporations whose relations with each other and with Volkswagen and Audi are contractual only. Respondents adduced no evidence that either