78 terms

Chapter two

Courts and alternative dispute resolution
Federal courts are superior to state courts
The function of the courts is to interpret and apply the law
the courts can decide whether the other branches of govt have acted within the scope of their constitutional authority
State courts are independent of federal courts
Minimum Contacts with a jurisdiction are never enough to support jurisdiction over a nonresident defendant
the executive branch is the final authority concerning the constitutionality of a law
The decisions of state trail courts of lmtd jurisdiction may sometimes be appealed to state trail courts of general jurisdiction
A long arm statute permits a court to obtain jurisdiction over an out of state defendant
Concurrent jurisdiction exists when both federal and state courts have the power to hear a particular case
A state court cannot exercise jurisdiction over property located within the state's boundaries regardless of the property owners location
ant lawsuit involving a federal question can originate in federal court
For purposes of diversity of citizenship, a corporation is a citizen only of the state in which it is incorporated
cyberspace is its own jurisdiction
A business firm may have to comply with the laws of any jurisdiction in which it actively targets customers
to have standing to sue, a party must have been injured or have been threatened with injury by the action about which he or she is complaining
A justiciable controversy is a case in which the courts decision- the "justice" that will be served-will be controversial
the federal court system does not include the US court of international trade
the federal equivalent of a state trail court is the US court of appeals
the jurisdiction of state court of appeals is substantially limited to hearing appeals
the U.S. supreme court has appellate authority over all cases decided in the state courts
federal cases typically originate in federal district court
Alternative dispute resolution refers to any method for resolving a dispute outside the court system
the US supreme court can review a decision by a state's highest court only if a question of federal law is involved
in some courts pretrail negotiation is mandatory
Most lawsuits settled or dismissed before they go to trail
Negotiation is the most complex form of alternative dispute resolution
in mediation the mediator proposes a solution that includes what compromises are necessary to reach an agreement
No court offers mediation as an option before a case goes to trail
mediation is adversarial in nature
an arbitrator can never render a legally binding decision
A court's review of an arbitrator's award may be restricted
in early neutral case evaluation, a third party's evaluation of each party's strengths and weaknesses forms basis for negotiating a settlement
Mandatory arbitration clauses in employment contracts are not enforceable
A court will review a contract for validity even if it contains an arbitration clause
A mini-trail is a private proceeding in which each party's attorney argues the party's case before the other party
Most online dispute resolution services apply general, universal legal principles to resolve disputes
the verdict in a summary jury trail is binding
A choice-of-law clause is a provision in a contract that excuses a party from liability for nonperformance due to "acts of god"
A choice-of-law clause designates the jurisdiction for the litigation of disputes arising under a contract
The Ohio state legislature passes a law to regulate local delivery services. the final authority regarding the constitutionality of the law is
the judicial system
Harry, a resident of indians, has an accident with Jane, a resident of kentucky, while driving through the stat. Jane files a suit against HArry in Kentucky. Regarding Harry, kentucky has
in personam jurisdiciton
Hua, a resident of illinois, owns a warehouse in Indian. A dispute arises over the ownership of the warehouse with Jac, a resident of Kentucky. Jac files a suit against Hua in indiana. Regarding the suit, indiana has
in remjurisdiciton
Paula, a resident of Cali, owns a farm in Iowa. A dispute arises over the ownership of a farm with don, a resident of nevada. Don files a suit against paula in Iowa. Regarding the suit, Iowa has
in remjurisdiction
Alpha Company files a suit against Beta Inc, in a colorado court with general jurisdiction. In a deleware court with limited jurisdiciton, E-Sales Corp files a suit against First state bank. The difference between general and lmtd jurisdiction is
the subject matter of the cases that the court can decide
Sam, a citizen of Tenn., files a suit in Tenn state ct against the United sales Corp, a wyoming comp that does business in Tenn. The court has original jurisdiction, which means that
the case is being heard for the first time.
Stan, Citizen from TX, wants a suit against Uma, citizen of virgina. Their diversity of citizenship may be basis for
a federal district ct to exercise original jurisdiction
Jo files a suit against Lara in a Missouri state court, Lara's only connection to Missouri is an ad on the web originating in Nebraska. For Missouri to exercise jurisdiction, the issue in whether Lara, through her ad has
Conducted substantial business with Missouri Residents
LCD TV company, a firm in Minnesota advertises on the web. A court in north Dakota would be most likely to exercise jurisdiction over LCD if the firm
Conducted substantial business with North Dakota residents through the website
Lee files a suit in Michigan against Ned over the ownership of a boat docked in michigan harbor. Lee and Ned are residents of Ohio. Ned could ask for a change of venue on the ground that Ohio
is a more convenient location to hold to the trail
Milo files a suit against Nik in an Ohio state court, noting that Nik operates a web site through which Ohio residents have done a substantial business with him. The court is most likely to exercise jurisdiction over Nik if Milo's claim arises from
Nik's web site activities
Childs play inc sells a toy w a dangerous defect. Drew buys the toy for his but discovers the defect before the child is injured. Drew files a suit against Child's play. The firms best ground for dismissal of the suit is that Drew does not have
The standing to sue
Liu files a suit against Macro sales in New Jersey state court based on a web site thru which NJ residents can do business w macro, the ct will most likely exercise jurisdiction over macro if the inactivity of the site is seen as
a "substantial enough" connection with the state
Kit loses her suit against Lou in a minnesota state trial court. kit appeals to the state court of appeals and loses again. Kit would appeal next to
the minnesota Supreme court
Inferior Company sells products that are poorly made. Jack, who has never bought an inferior prod., files a suit against them, alleging that its products are defective. The Firm's best ground for dismissal of the suit is that Jack does not have
The Idaho supreme court rules against Jiffy mart in a case against Kwik stop stores, jiffy Mart files an appeal with the US supreme court. the court does not hear the case. this
means the idaho court's decision is the law in idaho
Mary wins her suit agianst national manufacturing company. national's best ground for appeal is the trail courts interpretation of
the law that applied to the issues in the case
Miles files a suit against nina. at the trial, each party's attorny presents the party's case before the judge who hears the dispute and renders a legally blinding decision. this is
Boyd files a suit against a federal district court against Kathy. Kathy loses the suit, appeals to the US court of appeals for a second circuit, and loses again. Kathy asks the US supreme ct to hear the case. the court is
not required to hear the case
Sid files suit against tina. before going to trail, the parties, with their attorneys, meet to try and resolve their dispute. a third party helps them to reach an agreement. this is
cody wants to appeal his case against digital corp to the US supreme ct. cody must ask the ct to issue a writ of
Edie files a suit against frank. if the suit is like most cases it will be
dismissed or settled before a trail
Jen files a suit against kyle. before going to trial, the parties meet, w their attorneys to represent the, to present their dispute to a third party who is not a judge but who renders a legally binding decision. this is
Sally and Tom disagree over the amount of money due under their contract. to avoid involving any third party in a resolution of the dispute, sally and tom might prefer to use the alternative dispute resolution method of
Owen, in Pen, and Quick jobs in Maryland agree to have their dispute resolved in arbitration according to the law in virgina. this is a ground for a court to
do nothing
Refer to fact pattern 2-A1. the least expensive method to resolve the dispute between java and kaffe may be
negotiation bc no third parties are needed
Eager workers and a factory assembly co have their dispute resolved during arbitration. the arbitrator makes a mistake in a conclusion of law. this is a ground for a ct to do
refer to Fact pattern 2-A1. if java and kaffe have a long standing business relationship that they would like to continue, a preferred method of settling their dispute may be mediation bc
the process is not adversarial
Jan and Kyle sign a contract that provides that if a self dispute arises they will submit to arbitration. a dispute arises, but b4 arb, jan files a suit against K. the court will likely
order the parties to arbitrate
Refere to fact pattern 2-A1. Resolving the dispute between Java and Kaffe by having a neutral third party render a binding decision is one of the advantages of
two companies resolved dispute in arbitration. if this meeting substantially prejudiced, the court will most likely
consumer sales corp and Dion agree to resolve their dispute in arbitration. the arbitrators decision is called
an award
Molly files a suit against nick. they meet and ea partys attorney argues the partys case before a judge and jury. the jury presents an advisory verdict, after which the judge meets w the parties to encourage them to settle their dispute. this is
a summery jury trail
transitional corp and uniship inc agree to contract that includes an arbitration clause. if a dispute arises a ct having jurisdiction may order a party to
submit to arbitration
United inc, a US firmand wallaby (austriallian) enter a contract that does not have forum selection or choice of law clause. litigation between US and Wallaby over a dispute involving this contract may occur
in Australia, US or both
Vince files a suit agianst will. they meet, each partys attorney argues their case before judge/jury. the jury presents an advisory verdict, after which the judge meets w the parties to encourage them to settle their dispute. this is
a summery jury trail
to resolve the a dispute, Amy in Bostonand Chris in denver utilize E solution, an online dispute resolution service. this limits these parties resources to the courts
not at all
Dick submits his claim on EZ sales corp to a website,private, online dispute resolution forum. at any time, an appeal of a dispute to a court may be made by
Dick or EZ
a clause in a contract between timber and wang specifies that disputes over the contract will be adjudicated in the US. this is
a forum selection clause