Chapter Four Flashcards
at the state level criminal and civil laws are ____
passed by state legislators
at the federal level, criminal and civil laws are _______
passed by US Congress
referring to STATE: beneath chancery and circuit court
general submission
juvenile court
every lawsuit begins in ____
trial court
can a lawsuit begin in the court of appeals
NO
how long are state trial judges elected for
8yr terms (unless resign/retire early - governor appts for remainder of term)
what do the state/fed court of appeals ONLY do
Only the defendant can do what?
REVIEW judges’s decision
NOTE: in a criminal case - only the defendant may appeal
who appoints all federal judges for life
US pres for all levels of federal court
how many judges must approve to hear case in US SC
what does the case have to involve?
4
and must involve constitutional issue or fed issue
lower courts disagreed on a law/issue
does the US Const specify how many judges should serve on US SC
no
argued if should raise to 13
Interstate Commerce
when case is a criminal case
becomes a federal issue
“transport across state lines” - people from different state,
name of court: US district court (fed)
Only state if happened within state
What is another reason a criminal court case could become federal (other than IC)?
Being found on federal property - national park, airport
why are there alternative to trials/litigation
costly
time consuming
ADR and the three types
Alternative Dispute Resolution
negotiate
mediation
arbitration
negotiate
parties attempt to settle case
mediation
3rd party (mediator) who tries to SETTLE civil case
in most civil lawsuits must go through process of mediation before going to court
advantages: forces parties to try to settle dispute - saving costs
arbitration
private judge actually makes a decision
third party MAKES A BINDING DECISION (like a judge would)
parties give up right to go to court along with their right to go to court, their right to appeal the decision
mandatory arbitration agreement
signed to give up rights to go to court and instead agree to arbitrator making final decision
Jane hurt on Carnival Cruise elevator but signed an ADR
if she had not signed, she could file civil lawsuit in Court and have rights to ask for all safety records/accidents on elevators in past/last term of service (pretrial discovery)
because she signed ADR she is NOT ENTITLED to any info about elevator, decision of arbitrator is binding, cannot appeal decision of arbitrator
what are the disadvantages of arbitration
no public record - decisions are mailed in a letter without explanation of decision
decision is binding - no right to appeal
employer/co will pick the arbitration firm that will hear case
no rules of evidence, no depositions, no right to pretrial discovery (exchanging info between parties)
Epic Systems v Lewis
2018, SC upheld that an employer may lawfully require its employees to agree, as a condition of employment, to take all employment related disputes to arbitration on an individual basis, and waive their right to participate in a action
apply to all workplace cases including issues of sexual harassment, racial, sex, religion, national origin, disability, age discrimination
Coinbase Inc v Bielski
Justice Kavanaugh authorized the opinion of US SC in 5-4 decision holding that a district court must stay its proceedings in a case pending an appellate court decisions on whether that case belongs in arbitration or district court
Bielski brought class action lawsuit claiming Coinbase co. was not replacing money stolen from users accounts
Coinbase moved to compel arbitration in US District Court for Northern District of CA, arguing Coinbase user agreements containing arbitration clauses requiring that any and all disputes between user and Coinbase are arbitrated
what happens in arbitration if the plaintiff files a lawsuit in court
court will send it to arbitration
can the plaintiff appeal an arbitrators decision
mandatory Arbitration agreements state that the individual agrees to BINDIN arbitration so they are waiving any right to appeal
so appeal to arbitration decision is almost impossible
can appeals with arbitration decisions happen
when would this be possible
very rare, but court may set aside decision if:
arbitrator’s conduct or “bad faith” substantially prejudiced the rights of one of the parties (arbitrator was paid off)
arbitrator exceeded powers
FAIR Act
Forced Arbitration Injustice Repeal Act
proposed many times over past 10yrs
never passed United States Senate
this law would end upfront arbitration clauses and make it voluntary once a dispute arises
Tiger Woods Case
ex girlfriend made her sign an arbitration clause of non disclosure (before)
after he broke up with her accused him of sexual harassment
