CU-Boulder BCOR 3000 - The Courts and Alternative Dispute Resolution (7 pages)

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The Courts and Alternative Dispute Resolution



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The Courts and Alternative Dispute Resolution

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Lecture 6-The Courts and Alternative Dispute Resolution


Lecture number:
6
Pages:
7
Type:
Lecture Note
School:
University of Colorado at Boulder
Course:
Bcor 3000 - Business Law, Ethics, and Public Policy
Edition:
1

Unformatted text preview:

BCOR 3000 1nd Edition Lecture 6 Outline of Last Lecture I Due Process cont d II Equal Protection clause III 3 Levels of Scrutiny A Strict Race B Intermediate Age Gender C Rational basis IV Privacy Rights Outline of Current Lecture I Judicial review II Standing III Jurisdiction IV Venue V State Court System VI Federal Court System VII Pleadings VIII Discovery IX Juries X Arbitration XI Mediation Current Lecture Chapter 3 The Courts and Alternative Dispute Resolution Judicial Review The power of the courts to review and invalidate the actions of the other branches These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute Supreme Court took the power to have power of Judicial Review in the Marbury v Madison case Justice Marshall stated that this was the power of the court To File Suit one needs Standing your stake in the matter if you sue you have to have a justifiable reason to do so Must have a stake in the outcome Cannot file another s suit for them Injury must be personalized Standing has been found to exist in environmental cases where plaintiff cannot prove specific particular harm Jurisdiction Who Who can tell you what to do 1 Personal in Personem Does this court have power over the named defendant in the case Can be based on Residency where you live Physical Presence where the accident took place or Minimum Contacts business there doesn t have to be much connection at least 1 insignificant contact will do Always in the view point of the plaintiff person suing either their residency or state of accident Ex Accident in WY Plaintiff from WY Defendant from CO Jurisdiction in WY residence and CO physical presence In Rem based on location of property that is subject of law suit usually involves real estate location of parties is not relevant Typically based on an ownership dispute over property Takes the place of personal jurisdiction over defendant Texas buyer vs Colorado



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