BLW 1001 Lecture Notes - Lecture 2: Trial De Novo, Alternative Dispute Resolution, International Arbitration
6 Feb 2017
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Settlement through negotiation and alternative dispute resolution. Mock jury renders a verdict to help parties settle. Either party can bring a lawsuit to the courts. Courts can only decide cases with actual controversies. Personal jurisdiction: courts must have jurisdiction over the parties. Venue: location in jurisdiction where the case must be heard. Setup of state courts varies from state to state. No appeals, dissatisfied parties have new trials (trial de novo) Municipal courts or justice of the peace courts. Find facts and apply rule of law to reach conclusions. Hear cases already decided by trial courts or administrative agencies. District court: federal trial courts where cases start. Special courts: bankruptcy court, tax court, etc. Court of appeals: review district court decisions. The u. s. supreme court: writ of certiorari required: justices can produce concurring and dissenting (minority) opinions. Procedural laws govern the conduct of a case. Discovery: gather evidence to use at trial. Rules of discovery ensure access to information.
