Civil Dispute Resolution - Legal Environment of Business - Notes | Bus 250, Study notes of Business and Labour Law

Download Civil Dispute Resolution - Legal Environment of Business - Notes | Bus 250 and more Study notes Business and Labour Law in PDF only on Docsity! Civil Dispute Resolution Substantive law establishes rights and duties of people and entities, oftentimes with respect to one another. Procedural law, or procedure, is simply the process that parties use to enforce those substantive rights and duties. Courts try to be fair and objective, while at the same time operating efficiently, and these two goals are often difficult to balance. Theoretically, Courts are fair and impartial tribunals established by the government -- state or federal -- to settle or resolve disputes. In this country, we have a dual court system – state courts and federal courts, and we’ll talk briefly about the different courts that make up those two systems. The Court System Federal Courts: Article III of the United States Constitution states that the judicial power of the United States shall be vested in one Supreme Court and such lower courts that Congress establishes. What courts has Congress established?  District Courts are trial courts of general jurisdiction that can hear and decide most legal controversies in the Federal system. District courts are considered to be courts of original jurisdiction, meaning that legal disputes originate there. Mississippi has two federal districts. Oxford is one of the division courts within the Northern District.  Courts of Appeals hear appeals from the district courts and review orders of certain administrative agencies. Generally, these courts exercise appellate jurisdiction. The hear decisions appealed from lower courts. Even though an appeal involves the same parties that were part of the trial proceedings before the District Court, they now have new names -- the “Appellant” and the “Appellee”. Appeals courts do not hear new evidence, but make their decisions based on the record of the trial court. When an appellate court makes a decision about a case appealed to it, it has 3 options: Affirm, Reverse and Render, or Reverse and Remand. Mississippi is located in the 5th Circuit Court of Appeals, which is housed in New Orleans.  The Supreme Court is our nation's highest court, and its principal function is to review decisions of the Federal Courts of Appeals and the highest State courts. Cases get to the Supreme Court by way of (1) Appeal by right (very rare) or (2) by Writ of Certiorari  Special Courts have jurisdiction over cases in a particular area of Federal law and include the U.S. Court of Federal Claims, the U.S. Tax Court, the U.S. Bankruptcy Courts, and the U.S. Court of Appeals for the Federal Circuit State Courts - Each of the 50 states and D.C. has their own court system.  Inferior Trial Courts hear minor criminal cases, such as traffic offenses, and civil cases involving small amounts of money; conduct preliminary hearings in more serious criminal cases. In Mississippi, these inferior trial courts are justice courts. They can exercise jurisdiction over misdemeanors and over civil controversies up to $3,500.  Trial Courts have general jurisdiction over civil and criminal cases. Mississippi is one of the few remaining states to have a dual trial court system. We have Circuit Courts, which are courts of law – they hear money disputes.  Special Trial Courts (Chancery Courts in MS), such as probate courts and family courts, having jurisdiction over a particular area of state law. Chancery Courts are courts of equity, and their jurisdiction is limited to specific kinds of lawsuits – estates, divorces, minors, accountings, real estate, etc.  Appellate Courts include one or two levels; the highest court's decisions are final except in those cases reviewed by the U.S. Supreme Court. Mississippi has two levels of appellate courts - an what evidence is available to prove the disputed facts; designed to encourage settlement of cases or to make the trial more efficient. Various components of pretrial procedure include: Judgment on Pleadings, which is a final ruling in favor of one party by the judge based on the pleadings  Discovery, which is right of each party to obtain evidence from the other party, and includes mechanisms such as interrogatories, requests for production, requests for admission and depositions.  Summary Judgment consists of a final ruling by the judge in favor of one party based on the evidence disclosed by discovery.  Pretrial Conference is a conference between the judge and the attorneys to simplify the issues in dispute and to attempt to settle the dispute without trial.  Trial determines the facts and the outcome of the case. Trials may be “jury trials” or “bench trials.” What is the difference? What roles do the judge and jury play in a “jury trial”?  Jury Selection each party has an unlimited number of challenges for cause and a limited number of peremptory challenges.  Conduct of Trial consists of opening statements by attorneys, direct and cross-examination of witnesses, and closing arguments.  Directed Verdict final ruling by the judge in favor of one party based on the evidence introduced at trial.  Jury Instructions are where the judge gives the jury the particular rules of law that apply to the case proof.  Verdict is the jury's decision based on those facts the jury determines the evidence proves.  Motions Challenging the Verdict include motions for a new trial and a motion for judgment notwithstanding the verdict.  Appeal determines whether the trial court committed prejudicial error.  Enforcement is how the plaintiff attempts to collect an unpaid judgment. The plaintiff may resort to a writ of execution to have the sheriff seize property of the defendant, or a garnishment to collect money owed to the defendant by a third party. Alternative Dispute Resolution  Arbitration consists of different types of nonjudicial proceedings in which a neutral party selected by the disputants, which may or may not render a binding decision or award, depending on the type process being used.  Conciliation is a non-binding process in which a third party acts as an intermediary between the disputing parties.  Mediation is a non-binding process in which a third party acts as an intermediary between the disputing parties and proposes solutions for them to consider. Agreements reached in mediation can become binding contracts.  Mini-Trial is a non-binding process in which attorneys for the disputing parties (typically corporations) present evidence to managers of the disputing parties and a neutral third party, after which the managers attempt to negotiate a settlement in consultation with the third party.  Summary Jury Trial is a mock trial followed by negotiations.  Negotiation consists of consensual bargaining process in which the parties attempt to reach an agreement resolving their dispute without the involvement of third parties.