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Chapter 3

SMG LA 245 Chapter Notes - Chapter 3: Electronic Discovery, Interrogatories, Certiorari


Department
Law
Course Code
SMG LA 245
Professor
David Randall
Chapter
3

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9/7/16
LA245 - Chapter 3 - Dispute Resolution
Business Law - Professor David Randall
-Eniro-Vision case of Tony Caruso “Drowning Accidentally”
-Section H(5) Death by suicide is not covered
-Consult Lawywer for fair payment of $2million
3 Fundamental Areas of Law
Experienced litigator - “a lawyer who handles court cases.”
Litigation “lawsuits- the process of filing claims in court, and ultimately going to trial.” —
someone very likely to lose.
Alternative dispute resolution “is any other formal or informal process used to settle
disputes without resorting to a trial.” — cheaper and faster
ALTERNATIVE DISPUTE RESOLUTION (ADR)
Type 1: Negotiation
Type 2: Mediation
Mediation has several advantages: (1) parties maintain control of the
process, the two antagonists can speak freely, (2) they need not fear conceding too
much because no settlement takes effect until both parties sign, (3) all discussions are
confidential, further encouraging candid talk. Does not ensure final result though.
Strongest “win-win” situation // preserve a long-term business & profes-
sional relationship.
Type 3: Arbitration
Bring a their party; has power to impose an award. Ensures final results.
Permits both parties to keep secret files that would have to be divulged in a court case,
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9/7/16
potentially depriving the opposing side of valuable evidence. Arbitrator may not provide
a written, public decision, barring from learning what happened.
Type 4: Mandatory Arbitration
Parties agree in advance to arbitrate any disputes that may arise.
The good news is fewer lawsuits; the bad news is you might be the person
kept out of court.
COURT SYSTEMS
State Courts
Trial Courts- determine the facts of a particular dispute and apply to this facts the law
given by easier appellate court decisions. 1 judge, 1 jury.
All start in trial courts
Jurisdiction “Refers to a court’s power to hear a case”
Trial Courts of Limited Jurisdiction — only certain types of cases
Trial Courts of General Jurisdiction - Very broad range of cases
Appellate Courts - three or more judges hear the case. No juries ever. Do not hear wit-
nesses or take new evidence.
Appeals courts “generally accept the facts given to them by trial courts an review the tri-
al record to see if the court made errors of law.
Error of Law - “appeals court may require a new trial”
Court of Appeals - Party filing the appeal is the appellant
Party opposing the appeal is the appellee
Written arguments on the case” called briefs.
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