Business Law Ch. 2

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Litigation

Back 1

The process of resolving a dispute through the court system. Its expensive and time consuming. _ even the simpliest complaint is costly, and because of the backlog of cases pending in many courts, several years may pass before a case is actually tried. To bring a law suit

Front 2

et.al.

Back 2

and others.

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Jurisdiction

Back 3

Means law, and to speak, thus, the power to speak the law. Before any court can hear a case, it must have _ over the person (or company) or over the property involved in the suit.

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Mediation

Back 4

A neutral third party acts as a mediator and works with both sides in the dispute to facilitate a resolution of their dispute.
1. This method of ADR reduces hostility between parties.
2. _ is preferred for resolving disputes between business partners, employers and employees, or others involved in long-term relationships.
The parties themselves reach a resolution, but the _ may suggest or propose a resolution.

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Venue

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Concerned with the most appropriate location for the trial. For example, 2 state courts may have the authority to exercise jurisdiction over a case, but it may be more appropriate or convenient to hear the case in one court than in the other.

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(ADR) Alternative Dispute Resolution

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Offers more privacy than court proceedings and allows disputes to be resolves relatively quickly. Today, more than 90% of civil lawsuits are settled before trial using a form of this.

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Negotiation

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Parties meet informally with or without their attorneys and attempt to agree on a resolution. This is the simplest and least expensive method of ADR. The parties themselves reach a resolution

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Arbitration

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The parties present their arguments and evidence before an _ at a hearing, and the _ renders a decision resolving the parties' dispute.
1. This ADR method is the most formal and resembles a court proceeding because some rules of evidence apple.
2. The parties are free to frame the issues and set the powers of the _.
3. If the parties agree that the _ is binding, then the parties' right to appeal the decision is limited.
The _ imposes a resolution on the parties that may be either binding or nonbinding.

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Conciliation

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A third party is there and has knowledge of the situation. For example, if you have a dispute for a drug case, then a doctor or pharmacist should be there.

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Trial Courts

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_ are courts of original jurisdiction in which actions are initiated.
1. State Courts- Courts of general jurisdiction can hear any case that has not been specifically designed for another court; courts of limited jurisdiction include, among others, domestic relations courts, probate courts, municipal courts, and small claims courts.
2. Federal Courts - The federal district court is the equivalent of the state trial court. Federal courts of limited jurisdiction include the bankruptcy courts, tax court, court of international trade, and court of federal claims.

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Intermediate Appellate Courts

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Courts of appeals are reviewing courts; generally, _ courts do not have original jurisdiction. About 3/4's of the states have _, in the federal court system, the U.S. circuit courts of appeals are the intermediate appellate courts.

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Supreme Courts

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The highest court is that state's _, although it may be called by some other name. Appeal from state _ to the United States _ is possible only if a federal question is involved. The united states _ is the highest court in the federal court system and the final arbiter of the Constitution and federal law.