BUSINESS LAW Twomey Jennings 1 st Ed Twomey
BUSINESS LAW Twomey • Jennings 1 st. Ed. Twomey & Jennings BUSINESS LAW Chapter 2 The Court System and Dispute Resolution © 2004 West Legal Studies in Business A Division of Thomson Learning
BUSINESS LAW Twomey • Jennings 1 st. Ed. The Court System • Courts hear disputes according to their jurisdiction. – General jurisdiction courts hear a wide range of matters. – Limited jurisdiction courts deal with cases restricted to certain subject matter. © 2004 West Legal Studies in Business A Division of Thomson Learning 2
BUSINESS LAW Twomey • Jennings 1 st. Ed. Court Systems • The courts in the United States are organized into the state and federal court systems, each (generally) with three levels: – trial courts. – appellate courts. – a supreme court. • Supreme and appellate courts review the decisions of trial courts and either affirm, reverse or remand the lower court’s decision. © 2004 West Legal Studies in Business A Division of Thomson Learning 3
BUSINESS LAW Twomey • Jennings 1 st. Ed. The Federal Court System Supreme Court of the United States (Highest appeals court; review from lower appeals courts is usually at the discretion of the Supreme Court) U. S. Courts of Appeals Circuit Courts – Jurisdiction by geographic area. Court of Appeals for the Federal Circuit – Nationwide jurisdiction by subject matter Review Federal District Courts Tax Court Indian Tribal Court Bankruptc y Court Specialty Courts © 2004 West Legal Studies in Business A Division of Thomson Learning 4
BUSINESS LAW Twomey • Jennings 1 st. Ed. The State Court System Possible Appeal to the United States Supreme Court State Court of Appeals General Trial Court (County, Circuit & Superior Court) Specialty Courts Juvenile Probate City or Municipal (Traffic) © 2004 West Legal Studies in Business A Division of Thomson Learning Domestic Relations Small Claims 5
BUSINESS LAW Twomey • Jennings 1 st. Ed. Court Procedure • Within the courts of original jurisdiction, there are rules for procedures in all matters. • A civil case begins with the filing of a complaint by a plaintiff, which is served upon the defendant and then answered. • Discovery is the pretrial process used by the parties to find out the evidence in the case (depositions, interrogatories, and document requests). © 2004 West Legal Studies in Business A Division of Thomson Learning 6
BUSINESS LAW Twomey • Jennings 1 st. Ed. Trial Procedures • The case is managed by a judge and may be heard by a jury. – Through the process of voir dire, the parties may challenge the selection of certain potential jurors. • The trial involves opening statements, the presentation of evidence, and the direct and crossexamination of witnesses. • Once a judgment is entered, the party who has won can collect the judgment through garnishment and a writ of execution. © 2004 West Legal Studies in Business A Division of Thomson Learning 7
BUSINESS LAW Twomey • Jennings 1 st. Ed. Steps in Litigation 1. Complaint by plaintiff 2. Service of process on defendant Deny Counterclaim Admit 3. Defendant’s answer 4. Discovery Depositions Interrogatories Request for Production 5. Motion for Summary Judgment (if no factual issues) © 2004 West Legal Studies in Business A Division of Thomson Learning 8
BUSINESS LAW Twomey • Jennings 1 st. Ed. Steps in Litigation Trial a. Jury selection b. Opening statements. voir dire. challenge for cause. peremptory challenge. c. Plaintiff’s case. d. Motion for directed verdict. e. Defendant’s case. f. Summation. g. Jury instructions. h. Jury verdict or mistrial (deadlocked). i. Motion for new trial or judgment. j. Recovery - fees, execution, garnishment. © 2004 West Legal Studies in Business A Division of Thomson Learning Direct. Cross. Redirect. Recross. 9
BUSINESS LAW Twomey • Jennings 1 st. Ed. Alternative Dispute Resolution ADR Reference to Referee Arbitration Minitrial Association Tribunal Use of Ombudsman Summary Jury Trial Mediation Rent-a. Judge © 2004 West Legal Studies in Business A Division of Thomson Learning 10
BUSINESS LAW Twomey • Jennings 1 st. Ed. Alternative Dispute Resolution • Arbitration – disputes are settled by arbitrators who take evidence and make a binding or non-binding decision. – Uniform Arbitration Act. – Federal Arbitration Act. Green Tree Financial Corp v Randolph (2000) Is the arbitration clause binding? © 2004 West Legal Studies in Business A Division of Thomson Learning 11
BUSINESS LAW Twomey • Jennings 1 st. Ed. Alternative Dispute Resolution • Mediation – disputes are settled by the parties who use a third person to facilitate their settlement. • Summary Jury Trial. • Mini-trial. • Ombudsman. © 2004 West Legal Studies in Business A Division of Thomson Learning 12
- Slides: 12