Chap2- Courts and Alternative Dispute Resolution 52 court systems in US, 1 for each 50 state, 1 for district of Columbia

and a fe deral system. Federal not superior to state courts, just indepedant system of co urts which derives from article III, section 2 of US constitutes beyond bounderi es of US to Guam, PR, virgin islands etc. Supreme court above all 52 courts The Judiciarys Role in American Govt: To interpret the laws and apply them to specific situations Judicial Review The process for making such a determination, occurs whenever a c ourt reviews a case of legal proceeding unpublished opinion a decision made by the appellate court that is not intended fo r publication in a reporter (book that contains court opinion), nearly 80% in re cent years Federal court 2006 decision to allow lawyers to refer to cite unpublished decisi ons in federal courts after 1/1/07 Basic Judicial requirements: Jurisdiction Juris means law and diction means to speak. the power to speak the l aw. Before court can hear a case, it must have jurisdiction over the person (or c ompany) against whom the suit is brought (the defendant) or over the property in volved in the suit. The court must also have the jurisdiction over the subject m atter of the dispute. Jurisdiction over persons or property o In person jurisdiction (personal jurisdiction) over any person or busine ss that resides in a certain geographic area. E.g., state trial court have juris diction over residents (including business) of a particular area of state such a s county or district while state supreme court have jurisdiction over all reside nts within the state o In Rem jurisdiction jurisdiction over thing over property that is located within its boundaries o Long Arm Statutes jurisdiction over certain out of state defendants base d on activities that took place within the state though it must demonstrated tha t defendant has sufficient contacts (minimum contacts) to justify jurisdiction Corporate contacts subject to personal jurisdiction in the state in which it is incorporated, can apply long arm statues out of the state if sold products or go ods within that state Jurisdiction over subject matter refers to limitations on the type of cases a co urt can hear o General and Limited Jurisdiction courts of general (unlimited) and court s of limited jurisdiction e.g., probate courts only handle cases related to tran sfer of property assets after a persons death (example of state limited jurisdicti on) and bankruptcy court (example of federal) o Original and Appellate Jurisdiction limited to hearing cases at a parti cular stage of dispute. Originals courts are where lawsuit began, evidences take n etc while appellate jurisdiction act as reviewing courts or appelleta courts Jurisdiction of Federal Courts federal courts have subject-matter jurisdiction i n 2 situations o Federal questions any lawsuit involving a federal question e.g., who cla ims their constitutional rights have been violated o Diversity of Citizenship e.g., when both plaintiff and defendant are res ident of different states & amount > $75,000 Exclusive vs concurrent when both federal & state have power to hear a case (con current) and when can only be tried in federal or state (exclusive) e.g., divorc e/adoption Jurisdiction in cyberspace The sliding-scale standard for determining when the exercise of personal jurisdic ion over an out-of-state internet-based defendant is proper. 3 types of internet contacts 1. Substantial business over internet 2. Some interactivity through website 3. Passive advertising

International jurisdiction issues Venue county where incidents occurred or where defendant resides Standing to Sue a sufficient stake in matter to justify speaking relief through the court system e.g., harm by actions or threats. Also requires controversy to be justifiable controversy real and substantial as opposed to hypothetical or ac ademic THE STATE AND FEDERAL COURT SYTEM I. The state court system voters elect judges or by governor a. Local trial courts of limited jurisdiction trial are held and testimony taken. Example of general i.e., Civil and criminal prosecutions. Example of limi ted i.e., small claim courts up to $5,000 (no lawyers required), domestic relati ons courts, local municipal b. State trial courts of general jurisdiction c. State courts of appeals dont conduct new trials. Focus on question of law not question of facts d. States highest court (state supreme court) II. The Federal court system appointed by president, lifetime appointment a. US district courts general jurisdiction b. US courts of appeals 13 courts of appeals, 12 hears from federal distric t courts while 13th called federal circuit has national appellate jurisdiction o ver certain cases e.g., patent law and those in which US Govt is defendant c. US supreme court all inferior courts under it. 9 judges. i. To bring appeals to supreme court, a WRIT OF CARTIORARI (an order issued by supreme court to lower court requiring the letter to send it to the record o f the case for review). RULE OF FOUR (court will not issue letter until 4 of its 9 judges approves) ii. Petitions granted by court ALTERNATE DISPUTE RESOLUTION Litigation process of resolving a dispute through the court system, expensive & time consuming, great backlog, more businesspersons are turn ADR Alternate dispute resolution methods of parties sitting together and attempting to work out their differences. Some forms of ADR i. Negotiation without or without attorneys j. Mediations neutral 3rd party acts as mediator and works with both sides to facilitate a resolution (mediators proposal). Some states require ADR before c ase can be heard e.g., florida k. Arbitration neutral 3rd party or panel hears and impose a resolution. Ar bitration resembles a trial, arbitrators render decision called award. Arbitrati on clauses (contract) l. Other types of ADR a. Early neutral case evaluation b. Mini-trial c. Summary jury trials Providers of Arbitrary AAA (American arbitration association) Online dispute resolution (ODR) using internet Section V. International dispute resolution Forum-selection & choice-of-law clauses Arbitration clauses