courts and alternative dispute resolution chapter 3

Courts and Alternative Dispute Resolution

Chapter 3

Jurisdiction

• The authority of a court to hear and decide a specific action

• juris = “law” + diction = “to speak”.

• The “judicial power” or authority to act.

Judicial Review

• Courts decide on the constitutionality of legislative and executive actions

• Marbury v. Madison (page 66)

Personal Jurisdiction

• Personal (or in personam) jurisdiction primarily is based on geography.

• Courts have personal jurisdiction over persons residing and/or doing business within a particular county, district, or state.

Personal Jurisdiction

Long-Arm Statutes

• nonresidents of a state

• subject to courts in other state

• based on “minimum contacts”

See example 3.3 (page 67)

Personal Jurisdiction• “Where” is business on the internet located?

• “Sliding Scale Test” • Substantial business conducted within state• Some interactivity • Passive advertising

Subject Matter Jurisdiction

• The authority of a court to hear and decide the particular dispute before it.

• A court’s subject matter jurisdiction is usually defined in the statute or constitution creating the court.


• Limits to a trial court’s subject matter jurisdiction:

– The amount in controversy

– The subject of the lawsuit

– Whether the crime alleged is a misdemeanor or felony


• Concurrent Jurisdiction - When one or more federal court and one or more state court have subject matter jurisdiction over the same dispute.

Jurisdiction of Federal Courts

• Federal district courts have two types of subject matter jurisdiction:

– Federal question jurisdiction

– Diversity jurisdiction


• Federal Question Jurisdiction

– Arises if a case involves an alleged violation of the U.S. Constitution, federal statute or regulation, or a treaty.


• Diversity Jurisdiction:

– The amount in controversy exceeds $75,000; and

– The lawsuit is between citizens of different states or citizens of a state and citizens of a foreign country.

Exclusive and Concurrent Jurisdiction

Structure of Federal Courts and Most State Court Systems

Supreme Court

Courts of Appeals

District Courts

Original Jurisdiction

• The authority of a court to hear and decide a dispute in the first instance.

• Generally speaking, trial courts are courts of original jurisdiction, although the Supreme Court of the United States has original jurisdiction over a few types of disputes.

Appellate Jurisdiction

• The authority of a court to review a prior decision in the same case made by another court.

• The decision is binding on that court and any court below it.


Appellate courts do not:

– have a witness stand

– have a jury box

– hear any new testimony

– admit any new evidence


• The party that loses before an intermediate appellate court may appeal that court’s ruling to the jurisdiction’s supreme court or its equivalent.

• However, supreme court review is optional by the supreme court.

U. S. Courts of Appeals and U. S. District Courts

Texas Court System

T e xa s S u pre m e C o u rtCIVIL CASES

T e xa s C ou r t o f C r im ina l A p pe a lsCRIM INAL CASES

L im ited Jur isd ictionC o u r ts

S ta te T r ia l C ou r ts S ta te A g e nc ies

S ta te C o u r ts o f A p pe a lB o th C iv il & C rim in a l

Venue

• Within a particular jurisdiction, the most appropriate location for a trial to be held and from which a jury will be selected.

Standing to Sue

• Standing

An individual must have a legal and tangible stake in the controversy

• Justiciable controversy

The controversy must be actual (the courts will not decide a hypothetical situation)

Stages of a Lawsuit: Pleadings

– Written documents that inform each of the parties of one another’s claims and defenses and specify the issues involved in the lawsuit.


• Plaintiff’s Complaint or Petition - sets forth the claims asserted by the plaintiff—the party seeking affirmative relief.


• Defendant’s Answer

– Responds to the claims set forth in the Complaint or Petition

– Asserts affirmative defenses

– Asserts counterclaims


• If the Defendant does not answer within the time allotted by the applicable rules, the Plaintiff may seek a default judgment.

Stages of a Lawsuit: Discovery

• Discovery is the process of obtaining factual information from the opposing party or parties by means of written responses to interrogatories and requests for admission, requests for production of documents, and depositions.


• Requests for Production - written requests for documents relevant to the lawsuit (materials can be both hard copy and electronic compilations)


• Requests for Admissions - questions phrased in an “admit” or “deny” format, giving no opportunity for explanation, and binding the responding party to its admissions.


• Interrogatories - written questions related to the subject matter of the lawsuit which must be answered under oath.


• Depositions - testimony, under oath, recorded by a court reporter and often by videotape taken prior to trial.

Stages of a Lawsuit:Motions

• Motion for Summary Judgment - a motion requesting the court to enter judgment, based on the pleadings and discovery to date.

– Granted only if there are no material fact issues in dispute or “questions of fact”.

Stages of a Lawsuit: Trial

• Trial may be with or without a jury.

– In a bench trial, the trial judge decides all questions of fact and questions of law.

– In a jury trial, the trial judge decides all questions of law, but the jury decides all questions of fact.

The Stages of a Lawsuit: Trial

Jury Selection - “Voir Dire”

• the process in which attorneys question prospective jurors to determine whether they are biased or have any connection with a party or the action or with a prospective witness.


• Opening Statements

– The Plaintiff gets to begin

– The Defendant may proceed next or wait until prior to the Defendant’s case.


• Plaintiff’s Case Presentation

– Plaintiff gets to begin its case first

– Plaintiff conducts direct examination of each witness

– Defendant may cross examine each witness

– Plaintiff “rests”


• Defendant’s Case Presentation

– Defendant calls its first witness after completion of the Plaintiff’s case

– Defendant conducts direct examination of each witness

– Plaintiff may cross examine each witness

– Defense “rests”


• Motion for Directed Verdict - In a jury trial, a motion for the judge to take the decision out of the jury’s hands and directs a verdict for the moving party because the other party has failed to provide sufficient evidence to prevail on its claims.


Closing Arguments

• Plaintiff has right to open and close

• Equal time allotted each party


• Verdict by the Jury (if a jury trial)


• Judgment

– In a jury trial, the judge will grant judgment based upon the jury’s verdict.

– In the absence of a jury, the judge simply grants the judgment on its own.


• Judgment Notwithstanding the Verdict

– known as a “(Judgment N.O.V.” for Judgment non obstante verdicto

– a motion for the court to enter judgment contradictory to the jury’s verdict.

– based on “reasonable minds could not differ” concept

The Stages of a Lawsuit: Appeal

• An appeal asks an appellate court with jurisdiction over the trial court to review and set-aside the trial court’s judgment.


What is filed with the appellate court?

– A transcript of the pleadings, motions, hearings, and trial before the trial court, and

– A brief outline of the legal arguments supporting the appellant’s request to set aside the judgment.


• Possible Appellate Rulings:– Affirm the trial court’s judgment– Reverse the trial court’s judgment based on

“reversible error” and remand the case for further proceedings in the trial court

– Reverse the trial court’s judgment based on “reversible error” and render a new judgment without any need for further proceedings by the trial court.


Supreme Court Review

• Discretionary Review (Writ of Certiorari)

• Rule of Four

• Petitions Granted

Usually: -Important Constitutional Question

-Conflict with other state or federal decisions

Alternative Dispute Resolution

• Alternative Dispute Resolution (or “ADR”) is a variety of methods that seek to resolve disputes without resorting to a costly jury trial.


• Negotiation - between the parties directly, with or without attorneys.


• Mediation - Non-binding procedure utilizing the services of a neutral third party to assist negotiations.


• Arbitration - A binding form of mediation utilizing either one person or a panel of persons chosen by the court or agreed to by the parties (or both).

Traditional and OnlineDispute Resolution

End of Chapter 3

courts and alternative dispute resolution chapter 3

Documents

concurrent jurisdiction

personam jurisdiction

personal jurisdiction

felony slide

texas court system slide

structure of federal

supreme court review

state subject