Chapter 2 - The Court System And Dispute Resolution Flashcards
Where are business disputes resolves
In court or through alternative dispute resolute
A court
A tribunal established by government to hear evidence, decide cases brought before it, and provide remedies when a wrong has been committed
Jurisdiction
The power of a court to hear and determine a given class of cases; the power to act over a particular defendant
Subject matter jurisdiction
Judicial authority to hear a particular type of case
Original jurisdiction
The authority to hear a controversy when it is first brought to court
General jurisdiction
The power to hear and decide most controversies including legal rights and duties. (Civil and criminal.)
Limited/ special jurisdiction
The authority to hear only particular kinds of cases
Ex: Juvenile court Probate court Tax court With damages limited to certain \$\$
Appellate jurisdiction
The power of a court to hear and decide a given class of cases on appeal from another court or administrative entity
Appeal
Taking a case to a reviewing court to determine whether the judgement of the power court was correct.
Parties referred to as appellant and appellee
Generally does not include witnesses or testimony - just a review of original transcript and evidence
Reversible decision
An error or defect in court proceedings of so serious a nature that on appeal the appellate court will set aside the proceedings of the lower court
Affirm
Action taken by an appellate court that approves the decision of the court below
Reverse
When the appellate court sets aside the verdict or judgement of the lower court
Remand
When an appellate court sends a case back to trial court for additional hearings or a new rrial
Garrison vs target corporation
Syringes in the Target parking lot
Court found target had been negligent with clean up and awarded damages
Appeals court reversed damages and remanded to lower court for reduced amount of damages consistent with circumstances
Federal court system
Three levels
Federal district courts
To U.S. courts of appeals
To U.S. supreme court
Federal district court
A general trial court of the federal system
Courts of original jurisdiction
Civil and criminal cases
- criminal violations of federal law
- civil suits where US is a party
- between citizens of different states with $75,000+ in damages,
- civil cases under constitutional law, federal law or US treaties
94 districts at least 1 in each state + colonies
Caseload by area
Federal speciality courts
Include: Bankruptcy court Tax court U.S. claims court Court of military appeals U.S. court of international trade Indian tribal courts
Appeals often go directly to US court of appeals
U.S. court of appeals
Where final decisions in federal district courts are appealed
- 12 judicial circuits (inc one for DC)
+ Federal Circuit
Mostly Panel of three judges
Sometimes en banc
En banc
When the full panel of judges on the appellate court hears a case
Federal Circuit
Hears certain types of appeals especially speciality cases such as patent appeals
U.S. supreme court
Appellate jurisdiction over:
- federal courts of appeals
- state supreme courts when a constitutional issue is involved or a federal court ruling reversed
Created in the Constitution as a court of original jurisdiction
Trial court for cases in which two states are involved or with major diplomatic implications
Writ of certiorari
The US supreme Court granting a right of review by the court of a lower court decision
- preliminary review of cases appealed to decide if will be heard at supreme court or allowed to stand as ruled
State court systems
Bottom to top
Lesser courts: municipal, justice, small claims
Speciality courts: juvenile, probate, family law
General trial courts
State appellate courts
State supreme courts
State general trial courts
Civil and criminal cases that are not in federal district jurisdiction
Aka superior courts, circuit courts, district courts, county courts
State specialty courte
State courts with limited jurisdiction
Juvenile, family law, probate
City, municipal, and justice courts
Handle civil matters in which the claim is below a specified level
May also handle misdemeanor offenses
Small claims courts
Courts that resolve disputes between parties when those disputes do not exceed a minimal level. No lawyers are permitted - parties represent themselves
Informal and inexpensive
State appellate courts
Review decisions of lower courts in the state
State supreme courts
Usually the highest state court (in NYS highest court is court of appeals)
Mainly appellate jurisdiction, but some have original jurisdiction
Required to hear certain cases (death penalty sentences) and screening process for others
Final unless federal law, treaty or constitution is involved
Plaintiff
Party who initiates a lawsuit
Prosecutor
Party who originates criminal proceedings
Defendant
Party against whom civil or criminal proceedings are brought
Judge
Primary officer of the court
May be elected or appointed
Attorney-client privilege
The right of an individual to have discussions with their attorney kept private and confidential
Negated if client is committing or plans to commit a crime
Jury
A body of citizens sworn by a court to determine by verdict the issues of fact submitted to them
Conflict of laws
Principle that determines when a court applies the laws of it’s own state or some foreign law
What law applies often depends on where a contract was made (issues of formation) or where the contract was to be performed (issues of nonperformance)
However parties may specify the laws they are acting under in their contract
- if none selected governed by law of state that has most contacts with transaction
Law of the forum
Law of the state in which trial occurs
Governs court procedural issues
Initial steps in a lawsuit
(not every step applies to every case)
Commencement of a lawsuit Service of process The defendant's response and pleadings Discovery Motion for summary judgement Designation of expert witnesses
Then moves to trial
Commencement of a lawsuit
Begins when a complaint is filed
Complaint
The initial pleading filed by the plaintiff in a lawsuit
Generally includes: description of wrongful conduct and request for damages
Service of contract
Notification of the defendant - copy of complaint and notification to appear
Responsibility of the plaintiff
Process
Paperwork served personally on a defendant in a civil case
Process aka writ, notice or summons
Defendant’s response and pleadings
Defendant is required to answer the complaint
Options: motion to dismiss (demurrer), respond and deny allegations, counterclaim
Answer
What a defendant must file to admit or deny facts asserted by the plaintiff
Motion to dismiss
A pleading that may be filed to attack the other party’s pleading as not stating a cauw or action or a defense
Demurrer
A pleading to dismiss the other party’s pl wrong for not stating a cause or action or a defense
Counterclaim
Claim that the defendant may make against the plaintiff
Pleadings
Papers filed by the parties in an action in order to set for the facts and frame the issues to be tried
Discovery
Procedures for ascertaining facts prior to the time of trial in order to eliminate the element of surprise in litigation
Requires each side to name potential witnesses so opposing side can question pre-trial
Opportunity to inspect all evidence
Deposition
The testimony of a witness taken under oath but outside of the court
Both parties permitted to question the witneee
Impeach
Using prior inconsistent evidence to challenge the credibility of a witness
Happens if witness tells one thing in deposition and another in trial
Other forms of discovery
Interrogatories
Request for production of documents
Interrogatories
Written questions used a discovery tool that must be answered under oath
Request for production of documents
Discovery tool for uncovering paper evidence in a caee
Motion for summary judgement
Request that the court decide a case on the basis of law only because there are no material issues or facts
(Facts not in dispute)
Expert witness
One who has acquired special knowledge in a particular field as through practical experience or study or both whose opinion is admissible as an aid to the trier of fact.
Must meet certain rules to avoid junk science
Steps of a trial
- Selecting a jury
- Opening statements
- the presentation of evidence
First plaintiff’s case
Then defendant’s case - Motion for a directed verdict
- Closing arguments or summation
- Motion for a mistrial (if applicable)
- Jury instructions and verdict
- Motion for new trial or motion for judgenebt
Voir dire examination
The preliminary examination of a juror or witness to ascertain fitness to act as such
In juries: looking for bias and preformed judgements
Peremptory challenge
Challenge that is used to strike a juror for any reason except on discriminatory grounds (6 to 8 per side allowed)
Challenge for cause is removal if juror has potential bias
Opening statements
Statements by opposing attorneys that tell the jury what their cases will prove
Admissibility
The quality of the evidence in a case that allows it to be presented to a jury
Order of testimony
- Direct examination
- Cross examination
- Redirect examination
- Recross examination
Direct examination
Examination of a witness by his or her attorney
Cross-examination
The examination made of a witness by the attorney for the adverse party
Redirect examination
Questioning after cross examination, in which the attorney for the witness testifying mask ask the same witness other questions to overcome effects of the cross-examiniation
Recross-examination
An examination by the other side’s attorney that follows the redirect examination
Directed verdict
A direction by the trial judge to the jury to return a verdict in favor of a specified party to the action
Means a party has not presented enough evidence to show that there is some right to recovery under the law
Motion for a directed verdict
Asks the court to grant a verdict because even if all evidence presented were true there is either no basis for recovery or no defense to recovery
Summation
Aka closing argument
The attorney address that follows all the evidence presented in court and sums up a case and recommends a particular verdict be returned by the jury
Mistrial
A court’s declaration that because of an error or misconduct the case must be retried or dismissed. (Requires a new jury)
Jury instructions
Summary of the appropriate law to apply given to jurors by the judge before deliberation begins
Judgement n.o.v
Judgement non obstante verdicto (notwithstanding the verdict)
A judgement entered after the verdict upon the motion of the losing party on the ground that the verdict is so wrong that a judgement should be entered the opposite of the verdict.
Post-trial procedures
Recovery of costs/attorney fees (generally prevailing party is awarded costs) not including attorney fees unless specified in statute or contract
Execution of judgment
Execution
The carrying out of a judgement of a court, generally directing that property owned by the defendant be sold and the proceeds first be used to pay the execution or judgement creditor
(Writ of execution)
Garnishment
When debtor is employee appropriate authority may garnish wages on a regular basis till judgement is paid
Alternative dispute resolution
ADR
Non-judicial methods for solving disputes
Eg: arbitration, mediation
Arbitration
The settlement of disputed questions, whether by law or fact, by one or more arbitrators
Arbitrators
Disinterested person’s selected by the parties to the dispute
Trained experts familiar with industry practices in question
Uniform Arbitration Act
Basis for arbitration law in 49 states
Parties to a contract may agree in advance that all disputes will be submitted to arbitration
Arbitrators may be specified
Federal arbitration act
Contracts relating to interstate transactions
Mandatory arbitration
Certain types of disputes may be required to be submitted to arbitration
Varies by state
States often narrow enforceability
Finality of arbitrators
Generally binding per contract clause unless clear proof of fraud, misapplication of law or significant procedural error
Mediation
The settlement of a dispute through the use of a neutral messenger who carries each side if the dispute issues and offers in the case.
Mediator has no authority
MedArb
Arbitrator is empowered to so act as mediator
Expert panel
Submission of a case to a panel of experts
Popular in the construction industry
Reference to a third person
A settlement that allows a no part to resolve the dispute
Association tribunal
A court created by a trade association or group for the resolution of disputes among it’s members
Use may be required by the association
Does not negate potential for a lawsuit
Summary jury trial
A mock or dry-run trial for parties to get a deep for how their cases will play to a jury
No evidence presented, and decision has no binding effect
Rent-a-judge
Dispute resolution through private courts with judges paid to be referees for the cases
Determination is binding unless reversed on appeal
Minitrial
When only part of a case is disputed, parties may take only disputed areas to be submitted to a jury trial
(Trial held on portions of the case or certain issues in the case)
Contracts provisions
May stipulate ways of settling future disputes
May include use of waiting periods
Court of appeals of the state of new york
- new York’s highest court
- chief judge + 6 associate
- 14-year term
(Mandatory retirement age 70) - appointment by governor based on names submitted by Commission of Judicial Nomination and confirmed by state senate
- no jurisdictional limit but generally rules on issues of law instead of individual disputes
- usually the second layer of appellate review
- novel legal issues of statewide significance or an issue of conflict in intermediate appellate courts
Riley v. California
A warrantless cell phone search violates the fourth amendment right to privacy (even if seizes with an impounded car)
Rule of four
If at least four supreme court justices want to take a case then they take it
levels of NY state court system
Original jurisdiction: Supreme Court
then Supreme Court appellate Division
then NYS Court of Appeals is apex court
