Understanding the Court System and Dispute Resolution

1. Chapter 2THE COURT SYSTEM &DISPUTE RESOLUTION

2. The Court System • Courts hear disputes according to their jurisdiction. • Subject matter jurisdiction covers types of proceedings a court may hear. • Limited (special) jurisdiction courts deal with cases restricted to certain subject matter. • Appellate jurisdiction reviews the work of a lower court. Either affirm or reverse.

3. 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.

4. 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 Indian Tribal Court Tax Court Bankruptcy Court Specialty Courts

5. The State Court System Possible Appeal to the United States Supreme Court State Supreme Court State Court of Appeals General Trial Court (County, Circuit & Superior Court) Specialty Courts Juvenile Probate Domestic Relations City or Municipal (Traffic) Small Claims

6. 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 complaintby 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).

7. Court Procedure • 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 cross-examination of witnesses. • Once a judgment is entered, the party who has won can collect the judgment through garnishment and a writ of execution.

8. Conflicts of Law • Conflict of laws: • Law of state where complaint is filed governs procedural issues and rules of evidence. • For contract formation, courts apply law of state in which contract was formed. • For contract performance, courts apply law of state in which contract is to be performed. • International: most significant contacts with transaction.

9. Initial Steps in a Lawsuit 1. Complaint by plaintiff 2. Service of process on defendant 3. Defendant’s answer 4. Discovery 5. Motion for Summary Judgment (if no factual issues) Deny Counterclaim Admit Depositions Interrogatories Request for Production

10. The Trial Direct. Cross. Redirect. Recross. Trial a. Jury selection b. Opening statements. 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. voir dire. challenge for cause. peremptory challenge.

11. Alternative Dispute Resolution ADR Reference to Referee Arbitration Minitrial Association Tribunal Summary Jury Trial Use of Ombudsman Mediation Rent-a-Judge

12. 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.

13. 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.