UConn BLAW 3175 - PPT chapter 3 (Jurisdiction and Court structure) pre-class (18 pages)

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LEGAL AND ETHICAL ENVIRONMENT OF BUSINESS Gerlinde Berger Walliser JD Ph D Assistant Professor of Business Law University of Connecticut DISPUTE RESOLUTION 1 Chapter 3 Courts and Jurisdiction Opening scenario Chapter 3 p 34 Litigation vs Alternative Dispute Resolution p Litigation refers to lawsuits the process of filing claims in court and ultimately going to trial p Alternative 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 Fees http www jud ct gov external super courtfee htm http www businessweek com magazine the price of winning at t he supreme court 08042011 gfx html Jurisdiction 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 Jurisdiction State Courts Subject Matter Jurisdiction State 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 Jurisdiction Federal 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