LEGL 2700 1st Edition Lecture 5 Outline of Last Lecture III Requirements for bringing suit A Standing B Personal Jurisdiction IV Pretrial Process A Pleadings B Discovery V Trial A Jury Selection B Opening Statement C Presentation of Evidence D Closing Argument E Jury Instructions F Jury Verdict Outline of Current Lecture I Alternative Dispute Resolution II Settlement III Arbitration A Types of arbitration B Arbitration process C Judicial review of arbitration decisions IV Mediation A Mediation process I Structure of the Constitution start of chapter 6 15 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 A Article IV B Separation of Powers C Contract Clause D Commerce Clause Current Lecture Chapter Five and Six and Fifteen I Alternative Dispute Resolution sometimes referred to as ADR its not necessarily totally separate from litigation people are usually simultaneously going through litigation and ADR usually required as part of a business contract to avoid costs avoid bad press help reserve business relations to close the case faster II Settlement whenever 2 parties compromise can occur at any stage of the litigation process particularly popular between a business and its customers usually confidential in nature popular in cases in which one side is more sympathetic III Arbitration instead of going to court you go to a private arbitrator to have them decide the case benefits quicker cheaper more confidential once you enter the process you are locked into it A Types of Arbitration 1 Voluntary Arbitration if at some point in the past both sides have agreed to have the case arbitrated most online terms and agreements include an agreement to arbitration and even include who the arbitrator will be 2 Mandatory Arbitration a case where the law itself says that you must arbitrate this case before you can take it to court B Arbitration Process the 2 sides pick an arbitrator there can be as many or as few as you decide and there are no rules as to who can be an arbitrator then the 2 sides set up the process can decide to have a discovery period to let the arbitrator pick a winner or pick a compromise etc then there is a hearing and the arbitrator makes a decision C Judicial Review of Arbitration Decisions 1 Review of Voluntary Arbitration Decisions hard to get overturned and will only get overthrown if one of the following is true a the arbitrator admits that they randomly chose the winner b decision was obtained via fraud ex one side bribed the arbitrator c if it is contrary to public policy ex the decision requires one side to break the law 2 Review of Mandatory Arbitration Decisions you have the automatic right to review in a court system the court looks at the case from scratch IV Mediation its like arbitration but it is not binding at any point a party can end the mediation mediator does not serve as a judge but as a person who helps the parties reach a compromise benefit you retain the power to settle A Mediation Process pick a mediator same way you pick an arbitrator set up the process at the end you enter a settlement agreement with the other party I Structure of the Constitution A Article IV 1 Full Faith and Credit Clause says that each state must respect the laws and judicial decisions of the other 50 states 2 Privileges and Immunities Clause says that states can not discriminate against residents of other states B Separation of Powers checks and balances federalism 1 Supremacy Clause says federal law trumps state laws if s state law contradicts a federal law it is unconstitutional under the supremacy clause you can supplement but not contradict federal laws 2 Preemption says that federal government is not only supreme but the ONLY law the state can not pass any laws dealing with preemptive things it is either explicitly said that something is preemptive or the government has regulated it so heavily it is considered preemptive C Contract Clause article 1 section10 says no state shall pass a law impairing an obligation of contracts the federal law can impair the obligation of contracts D Commerce Clause article 1 section 8 1 Regulation of Foreign Commerce tariffs taxing items that come into this country embargo prohibiting trade with certain countries free trade agreements encouraging trade with certain countries all regulated by the federal government so there is one voice for U S 2 Regulation of Interstate Commerce business transactions b w 2 or more states regulated by federal government congress can regulate any business activity they want to 3 Limitation of State Police Powers police powers are generally reserved to states except the dormant commerce clause a Dormant commerce clause says when states are regulating their police powers their laws must not interfere with interstate commerce