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| Used in many contracts (unions, construction, employment ect). Clause states that if there is a dispute between the parties, they will submit that dispute to binding arbitration |
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| A nutral third party or panel of arbitartors hears and decides a dispute. |
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| Is arbitration binding or not binding |
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| normally binding unless parties specify otherwise. |
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| the parties try and negotiate a comprimise solution with the help of a neutral third party mediator. Informal. Not binding. |
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| this is often used in federal district court. a non binding jurt trial is held by the court and the parties. trial does not involve the examination of witnesses. (faster) |
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| Alternative Dispute Resolution (ADR) 4 ways |
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A general name for a variety of methods used to settle disputes without resorting to litigation. (going to court)
1) Negotiation 2) Summary Jury Trial 3) Mediation 4) Arbitration |
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The power and authority of a court to hear and decide a dispute.
1) Geographic 2)Subject Matter 3) Personal 4) Amount in controversy |
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| To resolve a dispute in court |
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| A wronged party who brings a CIVIL lawsuit. |
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| Person against whom a civil or criminal action is brought. |
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| Where the initial fact finding occurs either by a judge or jury. Evidence and witnesses are presented and heard. |
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| A request to a court to do or not do something. |
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| The final decision of the court. |
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| After trial, a higher court that reviews a lower court's actions to determine if the lower court committed legal errors. The appelle court decides questions of law, not fact. |
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| The party who files an appeal. |
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| The party against whom an appeal is filed. |
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| A written argument presented to a court by a party to the case. |
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| Legal basis for bringing a civil or criminal suit. |
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| A Legally binding agreement between two or more legal entities. |
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| A Crime Punishable by one year or less in Jail/Prison |
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| A crime punishable by one year or loss in Jail-Prison |
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a legal reason why the plantiff(in civil) or the prosecutor (in criminal) should not win at trial
1) Factual: "I did not do it"
2) Affirmative: "I did the act, but there is some leal reason why im not civilly or criminally liable." |
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| Basic judicial requirements |
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| Requirements that must be met before a trial court will hear and can legally decide a case. |
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| Gives a state jurisdiction over a non-resident defendant if that defendact has "minimum contacts" with that state. |
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| Ga Long-Arm Statute (O.C.G.A. 9-10-91) |
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Definition
A georgia court can exercise jurisdiction over a non-resident defendant if that defendand, either in person ot through an agent:
1) Transacts any business within that state
2)Commits and tort within that state
3)commits a tort within the state, due to an act dont outside of the state, if the defendant does business within the state
4) Owns, Uses, or possesses any property within the state which is the primary suject if the lawsuit. |
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| Jurisdiction over property (in rem jurisdiction) |
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| A court has jurisdiction over a case if it involves property located in the state, regardless of the residency of the parties to the lawsuit. |
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| Subject Matter Jurisdiction |
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Definition
limits the types of cases courts can hear
1) amount in controversy
2) subject of lawsuit: bankruptcy, probate, divorce
3) Type of crime: Felony-superior court, Misdemeanor-State Court
4) Trial vs. Appeal:
a) Original Jurisdiction: Authority of a court to hear a case in the first instance (Trial Courts).
b) Appellate Jurisdiction: Authority of a court to review a lower court's rulings (Appellate Cours). |
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| Jurisdictin of Federal Courts - Federal Quesion Jurisdiction |
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| The case involves a violation of: The U.S. Constitution, a federal statute, or a treaty |
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Jurisdictin of Federal Courts -
Diversity of Citizenship |
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(When no federal question is involved): a) the plaintiff and the defendant are residents of two seperate states, AND
2) the amount in controversy is $75000 or more |
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| When the Plantiff whooses where to file the lawsuit under these rules of jurisdiction. |
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the legally appropriate place for a trial within a jurisdiction.
Normally: where the act occured or where the defendant resites |
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A party must have suffiecient legal, tangible, personal, and real interest in a lawsuit (controversy/incident) in order to be a party thereto.
Exceptions: a)suing on behalf of a minor child or incompetent
b) Wrongful death action by surviving family members. |
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The controversy or dispute must be real, actual, and substantial.
a) Courts will not hear hypothetical cases
b)Courts will not issue advisory opinions
c)Courts will not hear a controversy that is MOOT:One that has been resolved or has "gone away" |
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a) Make the initial determination in a controversy
b) Decide questions of fact
c)Hear witness and evidence
d)The jury or judge makes the decision
e)do not normally issue a written opinions
f)Everyone has a right to have their case files and heard if the asic judicial requirements are met. |
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| Appellate Courts (6 details) |
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Definition
a)Review lower courts rulings
b)decide questions of law after trial
c)Do not normally hear evidence or witnesses in deciding a case
d)Only judges, not Juries, make the ruling-decisions in a case
e)issue written opinions
f)A party may or may not have a right to have an appeal heard |
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How the vast majority of cases reach the georgia or US Supreme courts.
- A pleading filed by a party asking the court to "please" hear their case. Discretionary on the court's party whether or not to hear the case.
-the vast majority of these are rejected by the courts. Courts will be more lkely to grant a writ of cert of:
a)it is a matter of great public/social importance
b) It is matter of "first impression" It has not previously been decided by any higher court
c) there is a split in the US Circuit courts on an issue. |
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