BLAW 2301 Chapter Notes - Chapter 6: Alternative Dispute Resolution, Jury Trial, Equitable Remedy

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26 Nov 2016
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Alternative dispute resolution: formal or informal processes used to settle disputes without resorting to a trial. Popular with corporations and individuals for cheaper and faster than litigation. One nationwide system of federal courts serve the entire country. Adversary system: bring out the truth by contesting sides to present the strongest case possible to a neutral factfinder, each side presents witnesses and opponent can cross-examine, judge runs the trial. Right to jury trial: not all cases have a jury, both plaintiff and defendant have a right to demand a jury trial, esp money damages. If the plaintiff is seeking an equitable remedy like an injunction, there is no jury right for either party. Voir dire: to speak the truth, court"s goal is to select an impartial jury, lawyers will each try to get a jury favorable to their side as possible, potential jurors are questioned individually.

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