BUSN 323 Lecture Notes - Lecture 2: Alternative Dispute Resolution, In Personam, Counterclaim
Document Summary
The us legal system & alternative dispute resolution: original jurisdiction. Exclusive federal jurisdiction: admiralty cases, bankruptcy, federal criminal prosecutions, cases in which on state sues another state, claims against the us, other claims involving federal statutes that specify exclusive federal jurisdiction. State jurisdiction: all cases not falling under executive federal jurisdiction, under certain circumstance claim can go into state or federal (concurrent) The federal court system: us supreme court. Intermediate courts of appeal: do not have luxury to accept or deny a case, federal trial courts (us district court) State court system: state supreme court, state trial courts. Intermediate courts of appeal: standing (to sue) Threshold requirements for litigation: actual/imminent injury in fact. Injury redressed by favorable decision: case or controversy (justiciable controversy, adverse relationship between plaintiff and defendant, actions of one party give rise to legal dispute, court decision able to resolve dispute, ripeness, decision able to affect parties immediately.
