Biz Law Chp 2

• the process by which courts decide on the constitutionality of legislative enactments and actions of the executive branch
• enables this branch to act as a check on the other 2 branches of govt

• established the power of the judiciary
• US Supreme case, 1803

• juris - "law"
• diction - "to speak"
• "the power to speak the law"
• before any court can hear a case, it must have jurisdiction over the person (or company) against whom the suit is brought, etc

personal jurisdiction, over any person or business that resides in a certain geographic area

• jurisdiction over property that is located within its boundaries
• "jurisdiction over the thing"

• a court can exercise personal jurisdiction over certain out-of-state defendants based on activities that took place within the state
• must demonstrate minimum contacts

Recall the example in the book about a business based in Maine who has a plant in Georgia and sells goods there.  There are enough contacts to establish minimum contacts, therefore, long arm statute

refers to the limitations on the types of cases a court can hear

state courts that handle only matters relating to the transfer of a person's assets and obligations after that person's death, including issues relating to the custody and guardianship of children

handle only bankruptcy proceedings, which are governed by federal bankruptcy law.

the distrinction between the 2 normally lies in whether the case is being heard for the first time

• a question that pertains to the US Constitution, acts of Congress or treaties; 
• provides a basis for federal jurisdiction

• whenever a federal court has jursisdiction over a case that does not involve a question of federal law
• most common type has 2 requirements:
• 1. plaintiff & defendant must be residents of diff states
• 2. dollar amount in question must exceed $75K

used in determining the jurisdiction over an Internet-based defendant

• concerned with the most appropriate location for a trial
• reflects the policy that a court trying a case should be in the geographic neighborhood where the incident leading to the lawsuit occurred

• sufficient stake in a matter to justify seeking relief through the court system
• also required justiciable controversy (see card 17)

a controversy that is real and substantial, as opposed to hypothetical or academic

• local trial courts of limited jurisdiction
• state trial courts of general jursidiction
• state courts of appeals (intermediate appellate courts)
• state's highest court (often called state supreme court)

• inferior trial courts that hear only civil cases involving claims of less than a certain amount
• generally conducted informally and lawyers are not required

• aka court of appeals or reviewing court)
• generally do not conduct new trials in which evidence is submitted
• usually a panel of 3 or more judges who review the records of the court

• deals with what really happened in regard to the dispute being tried
• ex: whether a party actually burned a flag

• concerns the application or interpretation of the law
• ex: whether flag-burning is a form of speech protected by the 1st Amendment, etc

• US District Courts (trial courts of general jurisdiction)
• US Courts of Appeals (intermediate courts of appeals)
• US Surpreme Court

• an order issued by the Surpreme Court to a lower court requiring the latter to send it the record of the case for review;
• 4 of 9 justices my approve it (rule of four)

• the process of resolving a dispute through the court system
• expensive & time-consuming

advantage: flexibility, privacy, resolved more quickly

• simplest form of ADR
• process in which the parties attempt to settle their dispute informally, with or without attorneys to represent them

• another form of ADR
• a neutral 3rd party acts as a mediator and works with both sides in the dispute to facilitate a resolution

• more formal method of ADR
• an arbitrator (neutral 3rd party of panel of experts) hears a dispute and imposes a resolution on the parties
• difference: 3rd party hearing teh dispute makes a decision for the parties

included in a contract specifying that any dispute arising under the contract will be resolved through arbitration rather than through the court system

issue of arbitrability - whether the matter is one tha tmust be resolved through arbitration

parties select a neutral 3rd party to evaluate their respective positions

each party's attorney briefly argues the party's case before the other and a panel of reps from each side who have the authority to settle the dispute

• parties present their arguments and evidence and the jury renders a verdict
• verdict is not binding, but acts as a guide to both sides in reaching an agreement

• the settlement of disputes in an online forum
• best for resolving small to medium sized business liability claims