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Chapter 3 Slides

This document provides an overview of dispute resolution processes and the court system in the United States and California. It discusses alternative dispute resolution methods like mediation and arbitration that aim to resolve disputes without going to trial. It also outlines the federal and state court structure, describing the jurisdiction and roles of different courts. Trial procedures like pleadings, discovery, motions, and jury selection are explained.

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82 views33 pages

Chapter 3 Slides

This document provides an overview of dispute resolution processes and the court system in the United States and California. It discusses alternative dispute resolution methods like mediation and arbitration that aim to resolve disputes without going to trial. It also outlines the federal and state court structure, describing the jurisdiction and roles of different courts. Trial procedures like pleadings, discovery, motions, and jury selection are explained.

Uploaded by

jojoj
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Chapter 3

Dispute Resolution

Litigation

Resolving disputes in the court


system using taxpayer funded
resources
(lawsuits & trial)
2

Alternative Dispute Resolution


(ADR)
Processes used to settle disputes
withOUT going to trial. Examples:
Negotiation
Mediation
Arbitration

Mediation
Mediation is the fastest-growing
method of dispute resolution
in the U.S.
A mediator is a neutral facilitator of
settlement discussions between the
parties.
Studies show 75% of
mediated cases settle.
4

Arbitration
An arbitrator is a neutral 3rd party who
issues a binding decision.
Each side is given equal time to
present its case.

Fewer procedural rights than litigation,


but much less expensive
Limited discovery and lack of written
reasons for decision are disadvantages.
5

Mandatory Arbitration
Parties agree in advance to arbitration
in event of dispute
Arbitration clause often in the fine
print or practically hidden.

Can create hardship on consumer in


favor of party in more powerful
6

Court Systems
The United States has over 50
systems of courts.
One nationwide system of federal
courts serves the entire country.
In addition, each state has its own
court system.

CALIFORNIA COURTS
SUPREME COURT
Located in San Francisco, 7 justices
Cases are heard by all 7; majority decides

COURT OF APPEALS
6 Divs: (each appeal heard by panel of 3 justices; maj decides)

1st Div: SF 5 divisions, 19 justices w/ 1 vacancy


2nd Div: LA 8 divisions, 30 justices w/ 2 vacancies
3rd Div: Sacramento 11 justices
4 Div: San Diego 3 divisions, 25 justices
5th Div: Fresno 10 justices
6th Division San Jose 7 justices

SUPERIOR COURT (aka TRIAL COURT)


One Superior Court for each county (58); 450 locations
In different divisions hears: civil, criminal, family, probate,
juvenile, traffic* small claims* *different appeals

Jurisdiction
SUBJECT MATTER JURIS - whether a particular
court has the power and authority to decide a
case (Exclusive, General, Limited)

PERSONAL JURIS the court must have


personal juris over the defendant (e.g., if
defendant resides in state or has business in
state)

Exclusive
Subject Matter Jurisdiction
only a particular court can decide a
case

e.g., only federal bankruptcy court can hear


bankruptcy case (never in state court.)

General
Subject Matter Jurisdiction
ability to decide wide range of cases.
Unless a law or constitutional provision
denies jurisdiction can handle any kind of
case.

The California superior courts are


general jurisdiction courts.

Limited
Subject Matter Jurisdiction
restrictions on the cases it can decide.

E.g., small claims court is a court of limited


jurisdiction. It can only hear and decide cases
that claim damages of $7,500 or less. No
person may file more than two claims
requesting more than $2,500 in one calendar
year.

Appeals courts
Three or more judges hear each case
There are no juries, ever
No witnesses are allowed only the
parties and their lawyers may appear.
This means the appeals court will defer to
the trial court for a determination of the
facts of the case.
13

Two Kinds of Civil Lawsuits Are Permitted in


Federal Court

Federal question cases

Diversity cases
14

Federal Question Cases


4 basic types of claims:
Based on US Constitution or federal treaty
Against US federal government, its agencies,
its officers or employees
Arising under a subset of federal laws where
Congress gave fed court exclusive jurisdiction
(e.g. admiralty, bankruptcy)
Based on other federal statutes (concurrent
jurisdiction with states)

DIVERSITY OF CITIZENSHIP
When case may be heard in fed ct
Plaintiff and Defendant are citizens of different
states
AND

The amount in controversy exceeds $75,000

These cases may be heard in either state or


federal court. Either party may move it to
federal court.

Appeals Path Within The Federal


Court System
United States
Supreme Court

Nine Justices; appointed for


life; may refuse to hear a case;
final authority

(Highest Appeals Court)

Three judges hear each


case, brought up from the
District Courts.

U.S. Courts of
Appeals (12
Circuits)

U.S. District
Courts

U.S. Bankruptcy
Courts

Primary
Trial
Court

Trial Courts of Limited


(Specific) Jurisdiction

17

Lower
Appeals
Courts

U.S. Court of
Appeals for the
Federal Circuit

U.S. Court of
International
Trade

U.S. Tax
Courts

Various
Federal
Agencies

U.S. Claims
Court

Hears appeals from


specialized trial
courts.

U.S. Patent &


Trademark
Office

Trial Courts of Limited


(Specific) Jurisdiction

Typical Litigation Path


Complaint
Answer
Discovery

Summons
Service
Counter-claim (possibly)
Motion for Summary Judgment (possibly)

Trial: opening statements


Motion for Directed Verdict (possibly)
Trial: closing arguments

Trial: Plaintiffs case


Trial: Defendants case

Jury instructions & deliberation

verdict

Judgment NOV (possibly)

Appeal

The Pleadings
Complaint
Summons & Proof of Service
Answer
Counterclaim

Important Discovery Vehicles


INTERROGATORIES written questions, to
which answers must be given in writing, under
oath

DEPOSITIONS oral questions, to which


responses are given orally in the presence of a
court reporter

Important Discovery Vehicles


REQUESTS FOR ADMISSION written
statements to which written answers either
admit or deny must be given

SUBPOENA DUCES TECUM - written request


for production of documents and tangible
things, to which written responses and the
production of documents or things must be
made

Motion for Summary Judgment


Motion filed at end of discovery
(usually by defendant).

Says no essential facts in dispute.


Says no way other party can win, given
the law.

23

The Story of Bob and Susan

Will a court grant a


Motion for Summary
Judgment?

Jones v. Clinton

Summary of facts

Whats the issue?


How did the court rule &
why?
25

Trial Preparation
Preparation for trial is extremely time
consuming and expensive

90% of all civil lawsuits are either dropped


or settled before trial
Cases often settle on the courthouse
steps and if not, then
Its the first day of trial!
26

JURY OR BENCH TRIAL

Right to a jury trial

In criminal cases where penalty > 6 months


Generally, in civil cases if it is one for money
damages (with some minimums)
Not in injunctions or family law (equity cases)
Right to jury trial may be waived

Trial to a judge is also called


bench trial

VOIR DIRE
Goal is impartial jury
Challenges for cause
When juror has demonstrated
probable bias
Unlimited # of challenges for cause

Peremptory challenges
Lawyer can excuse juror for any
reason & need not state why
Limited # of peremptory challenges

Trial Order
Opening Statements
Plaintiff goes first
What the evidence will show. Map of case.

Plaintiffs case (Plaintiff goes first)


Motion for Directed Verdict (by Defendant)
Defendants case

Burden of Proof
Criminal trial
Beyond a reasonable doubt

Civil trial
Preponderance of the evidence

Evidence
Direct Examination (friendly witness) Leading
questions (ones that suggest their own answer)
NOT allowed. No opinions allowed, just things
they saw or heard.
Cross Examination (hostile witness) Leading
questions are allowed. No opinions allowed, just
things they saw or heard.
Expert Witnesses (hired to testify) Opinions ARE
allowed.

Trial Order (cont)

Closing Arguments
Jury Instructions
Verdict
Motions After The Verdict
(e.g. Judgment NOV)
Appeals
Affirm t/cs decision
Reverse t/cs decision
Modify t/cs decision
Reverse and remand back to t/c

Hernandez v. Montville Township Board of


Education
Summary of facts
How did the lower ct rule?

Whats the issue?


How did the appellate court rule & why?

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