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CU-Boulder BCOR 3000 - The Courts and Alternative Dispute Resolution

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BCOR 3000 1nd Edition Lecture 6 Outline of Last Lecture I. Due Process cont’dII. Equal Protection clauseIII. 3 Levels of ScrutinyA. Strict (Race)B. Intermediate (Age/Gender)C. Rational basisIV. Privacy RightsOutline of Current Lecture I. Judicial reviewII. Standing III. JurisdictionIV. VenueV. State Court SystemVI. Federal Court SystemVII. PleadingsVIII. DiscoveryIX. JuriesX. ArbitrationXI. MediationCurrent LectureChapter 3—The Courts and Alternative Dispute ResolutionJudicial Review- The power of the courts to review (and invalidate) the actions of the other branchesThese 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 doso- 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 theaccident 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 owner of condos—fighting over CO ownershipCO will win jurisdiction2. Subject Matter: is this the right court to hear this type of case?Long Arm Statue—to maximize the ability of the state to beat the minimum contacts test or the physical presence test - Venue—“location/place”; within ok jurisdiction(s), which location can hear case There might be multiple possibilities Cities and Counties Based on convenience Every county in CO has a state court Where does it make sense 3 people involved: Plaintiffs, defendants and witnesses Ex: 2 people from Boulder get in an accident in Boulder County—court has to be heard in BOULDER. Ex: 1 from Boulder and 1 from Mesa county get in an accident in Eagle County—CO has jurisdiction; Venue—Boulder, Eagle or Mesa County- General Rule: If there are many witness to a traffic accident they will argue to have it where the accident took place; Or based on a central location of the two people in the case Can be where: Plaintiff lives, Defendant lives, incident occurred or among judicial discretion- NEED ALL 3, INCLUDING BOTH (A&B) ASPECTS OF JURISDICTIONFile in State or Federal?- State: Most cases (applies to both civil and criminal)- Federal (exclusive) Violations of Federal Statutes, trademark and patent, admiralty- Concurrent (can file in either)- Plaintiff can choose federal if: 1. Federal Questions…no minimum2. Diversity…Minimum $75,000Criminal Jurisdiction and Venue- Personal Jurisdiction: only the courts of the jurisdiction that filed charges can hear case (WHO?) Ex: Colorado crime can only be heard and tried in CO- Venue: State is prosecution For Criminal Case Venue will… Normally: Where defendants lives or where crime took place Defendant often requests a change Venue Issues• Venue rules can be modified in special circumstances; – Change of Venue: often requested for fairness to defendant; Must remain w/in jurisdiction• Examples:– Colo. Small town school principal case (principal sleeping with student)—requested change of venue to Colorado Springs b/c no had heard about it– Okla. City Bombing case (Federal case): b/c it was a federal case jurisdiction couldchange to anywhere in the country• Unusual Circumstances– Central City casino bus accident– US 6 is a scary road– Smoking pot while driving and crashed the bus– Criminal case brought on by State of CO– Clear Creek County– Witness: the whole bus—did not live in clear creek county– Did not live in county so moved to JEFF CO for the convenience of the witnesses• Plaintiff initially picks by filingState Court Systems• Independent from federal courts• Structures differ somewhat• Most have 3 levels– Supreme– Appellate– Trial• General (“default”) and Limited (specific kinds of cases) Jurisdiction Trial Courts.Federal Court system• 3 Levels– US Supreme Court• Appeal to this court is discretionary– US Circuit Court of Appeals– Trial Courts• Federal District Courts: Gen. Jurisdict.• Special Jurisdiction Fed Trial Courts– Tax; U.S. Claims;Pleadings• Complaint (Filed by Plaintiff; starts a lawsuit)• Answer (Defendant files)– Deny or admit– Counterclaim ()– Third party complaint (3rd party is someone outside the lawsuit) Example: new brakes from shop don’t work and get into accident; sued by one in accident but not your fault b/c brakes were not working—someone else is involved in this too– Motion to intervene– Motion to consolidatePretrial Motions• Judgment on pleadings– Based only on pleadings (prior slide); no facts in dispute– Used if pleadings alone determine outcome– Example: Suing Burger King for gaining weight– File complaint on pleadings– Plaintiff’s words are true but we don’t owe $$$- File motions on grounds that the reasons are not good enough• Summary judgment– No facts in dispute, based on all evidence, only questions of law– Can be filed at any time as more evidence comes to light– Ex: Penicillin not checked off on medical form; once document is presented wandproves innocent/guilty then summary judgment can be usedDiscovery• What you don’t see in the movies• Purposes– To eliminate surprise at trial• Makes movies & TV shows boring– To promote settlement of case• Conducted by the parties• Judge involved only if a dispute• Attorneys seek info from


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CU-Boulder BCOR 3000 - The Courts and Alternative Dispute Resolution

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