Chapter 3 Traditional and Online Dispute Resolution

1. Chapter 3Traditional and OnlineDispute Resolution

2. Learning Objectives • What is judicial review? How and when was judicial review established? • What is jurisdiction and how do courts use jurisdiction on internet transactions? • What is the difference between a trial court and an appellate court? • What are pleadings? Discovery? • How is internet used to resolve disputes?

3. Judiciary’s Role • Judiciary interprets and applies law to resolve disputes. • Judicial Review is not mentioned in the Constitution but established in Marbury v. Madison (1803). • Power of the court to “decide what the law is.” Process by which a court decides upon constitutionality of legislative enactments and executive actions.

4. Basic Judicial Requirements • Jurisdiction—power of a court to decide a case. • Personal Jurisdiction over people within a court’s geographical area. • Long-Arm statutes give jurisdiction over non-residents with “minimum contacts” with court’s geographical area. • Corporations: minimum contact if business is transaction within the area.

5. Basic Judicial Requirements • In Rem Jurisdiction over property located within the court’s geographical area. • Subject Matter Jurisdiction over particular types of cases. • Defined by statute: Probate, bankruptcy, divorce, etc. • Original and Appellate Jurisdiction.

6. Basic Judicial Requirements • Federal Courts can exercise jurisdiction over cases involving: • Federal Questions • Diversity of Citizenship: Parties from different states involving at least $75,000 • Bankruptcy, patents and suits between states. • Concurrent jurisdiction with state courts.

7. No Yes Depends E-Commerce Some Business Passive Ads Jurisdiction in Cyberspace • Internet transcends geographical and political borders. • Courts use the “sliding-scale” approach to determine jurisdiction.

8. Basic Judicial Requirements • Venue—most appropriate location for a trial. • Court balances parties interests. • Standing to Sue—plaintiff must have a legally protected and tangible interest which has been injured.

9. State Supreme Court U.S. Supreme Court State Appellate Courts U.S. Courts of Appeal State Trial Courts U.S. District Courts Municipal Courts Federal Admin. U.S. Specialized State and Federal Court Systems

10. Civil Procedures in State Court • Pleadings • Plaintiff’s Complaint • Summons • Defendant’s Answer /Motion to Dismiss • Pre-Trial Motions • Motion for Judgment on the Pleadings • Motion for Summary Judgment

11. Civil Procedures in State Court • Discovery • Depositions and Interrogatories • Requests for Documents • Requests for Admission • Pre-Trial Conference • Jury Selection (Voir Dire)

12. Civil Procedures in State Court • Trial • Opening arguments • Plaintiff’s Case in Chief • Defense cross-examines Plaintiff’s witnesses • Defense Case in Chief • Plaintiff cross-examines Defense witnesses • Closing Arguments • Verdict / Motion JNOV /Judgment • Appeal

13. Courts Adapt to Online World • Electronic Filing • Courts Online (websites, court dockets) • Alternative Dispute Resolution (ADR) • Negotiation • Mediation • Arbitration (employment contracts) Circuit City Stores v. Adams (2001). • Cyber Courts and Online Dispute Resolution