DOC PREVIEW
GSU BUSA 2106 - Courts and Alternative Dispute Resolution
Type Lecture Note
Pages 8

This preview shows page 1-2-3 out of 8 pages.

Save
View full document
View full document
Premium Document
Do you want full access? Go Premium and unlock all 8 pages.
Access to all documents
Download any document
Ad free experience
View full document
Premium Document
Do you want full access? Go Premium and unlock all 8 pages.
Access to all documents
Download any document
Ad free experience
View full document
Premium Document
Do you want full access? Go Premium and unlock all 8 pages.
Access to all documents
Download any document
Ad free experience
Premium Document
Do you want full access? Go Premium and unlock all 8 pages.
Access to all documents
Download any document
Ad free experience

Unformatted text preview:

+BUSA2106Lecture 6Outline of Last Lecture I. Understand basic legal terminologyII. Understand the structure of the court systemOutline of Current Lecture III. Pretrial processIV. Trial V. AppealCurrent Lecture:-In which court?Jurisdiction is the answer… • “Jurisdiction” refers to a court’s authority to hear a case. • Not every court can hear every type of case. • Side note: Distinguish between type of law/ legal claim and type of court. - Two sets of jurisdictional requirements • Personal jurisdiction: 1. Court’s authority over the defendant in the case 2. Has to exist in every case (state or federal) • Subject matter jurisdiction: 1. Additional requirements for federal court 2. - Choosing a court • Federal and state courts have concurrent jurisdiction over certain cases; state courts have exclusive jurisdiction over other cases. • If there is concurrent jurisdiction, why choose one court over another? Personal jurisdiction • Authority over the defendant • Rules: 1. Focuses on the defendant’s relationship to a state2. Personal jurisdiction always exists over residents of the state where the court sits, with proper service of process (summons) Personal jurisdiction (cont.) • Rules (cont.): 1. Personal jurisdiction exists over non-residents of the state where the court sits, with proper service of process IF:a. The defendant had enough connection to the state as a whole such that it is fair for the defendant to expect to be hauled into court in that state. b. Called the minimum contacts test; comes from each state’s long arm statute. Subject matter jurisdiction • Additional set of requirements for filing case in federal court • Two options: 1. Federal question jurisdiction: lawsuits brought under the U.S. Constitution or a federal statute OR 2. Diversity jurisdiction: lawsuits between… • Plaintiffs and defendants who are citizens of different states OR • A foreign country and U.S. citizens OR • U.S. citizens and foreign citizens AND • The “amount in controversy” must be over $75,000 Corporate citizenship • For purposes of diversity jurisdiction, corporation is a citizen of… 1. The state where it is incorporated AND 2. The state where its principal place of business is located Complete diversity • Different rules for individual parties and corporate parties Jurisdiction: Where can I file my case? Federal courts: • Personal jurisdiction – Defendants:• Resident + service of process OR • Non-resident + service of process + long arm statute/ minimum contacts AND • Subject matter jurisdiction – Federal question • Constitution OR • Federal statute OR – Diversity • Citizens of different states OR • Foreign country and U.S. citizen OR • Foreign citizen and U.S. citizen OR AND • $75,000 amount in controversyWhat if there is jurisdiction in more than one federal or state court? • Venue is the answer: – Convenience; practicality – Case is heard in court in the geographical area where the defendant resides OR where the act at issue occurred. – Sometimes venue is transferred in cases of high publicity. Following a state court case • Pleadings 1. Complaint 2. Answer • Pre-trial motions 1. Motion to dismiss • Discovery1. Depositions 2. Interrogatories3. Requests for documents • Pretrial conference • Jury selection • Trial • Post-trial motions • Appeal • Final judgment • Enforcing the judgment Litigation is… 1. Expensive 2. Slow 3. Stressful 4. Public • Settlement is always an option… • Next: alternative dispute resolution Pleadings • Purpose: define the factual and legal issues in the suit • Plaintiff’s Complaint 1. Initiates the lawsuit and gives defendant notice 2. Must include: • Facts establishing the court’s jurisdiction • Facts showing plaintiff’s claim and legal theory • The remedy the plaintiff is seeking BUSA 2106 Professor Charlotte Alexander 4Pleadings: Defendant’s options • Defendant’s Answer 1. Denials 2. Counterclaims3. Affirmative defenses • Example: statute of limitations • OR Defendant’s motion to dismiss 1. No response? a. Default judgment for plaintiff BUSA 2106 Professor Charlotte Alexander 50 Pre-trial motions • Motion to dismiss 1. Failure to state a cause of action upon which relief can be granted 2. No subject matter or personal jurisdiction Discovery • Purpose: Ensure that case is tried “on the merits” 1. Preserves evidence 2. Allows evidence obtained to be used to impeach the testimony of witnesses 3. Allows parties to discover what opponent knows 4. Facilitates settlement • Scope: Anything that might lead to relevant information can be discovered • Cost? - Forms of discovery • Depositions: formal, “on the record” interview of parties or witnesses • Interrogatories: written questions directed to the parties only • Requests for production of documents: directed to parties or witnesses • Mental and/or physical examinations: parties onlyJury selection: Sample voir dire questions 1. Do you know any of the parties/lawyers in this case? 2. What is your occupation? Educational background?3. Are you married? 4. Have you or a member of your family ever been convicted? Had a bad experience with a police officer? Witnessed a crime? 5. Have you read about this case or heard TV or radio reports about it? 6. Have you formed an opinion about the case? - More voir dire questions • Do these questions give you any insights into a prospective juror? 1. What is your favorite book? 2. What is your favorite TV program? 3. Who is your favorite radio personality? 4. Do you have any bumper stickers on your car? What do they say? Strikes • Peremptory strikes 1. Limited number 2. Don’t have to explain reasoning 3. No approval required • For cause 1. Unlimited 2. Have to explain reasoning 3. Judge has to approve Purpose of a jury trial • 7th Amendment to the U.S. Constitution: 1. Guarantees jury trial in federal courts when amount in controversy is greater than $20 2. Rules differ in state courts • Juries decide FACTS • Judges decide the LAW • Except… sometimes there is no jury -> “bench trial” Anatomy of a jury trial • Opening statements • Plaintiff’s case1. Witnesses & exhibits 2. Cross-examination • Defendant’s case 1. Witnesses & exhibits 2. Cross-examination • Plaintiff’s rebuttal 1. Witnesses & exhibits 2. Cross-examination • Closing arguments •


View Full Document

GSU BUSA 2106 - Courts and Alternative Dispute Resolution

Type: Lecture Note
Pages: 8
Documents in this Course
Load more
Download Courts and Alternative Dispute Resolution
Our administrator received your request to download this document. We will send you the file to your email shortly.
Loading Unlocking...
Login

Join to view Courts and Alternative Dispute Resolution and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Courts and Alternative Dispute Resolution 2 2 and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?