Presentation for Module 1.4

1. MODULE 1
Presentation 1.4

2. Dispute Settlement

3. Wong v. T-Mobile
IRAC
Questions
1. What is the primary reason the court does not allow the mandatory arbitration
clause to be used?
Takeaways
Just because a clause is in the contract, doesn’t mean it is going to be upheld by the
court. The court may choose to strike it from the contract as it did here.
Class Action Suit – a law suit where a group of plaintiffs who all have the same injury
Get together and sue the defendant together. A court has to allow a law suit to
proceed in this manner, called “certifying” the class action suit.
Mandatory Arbitration Clause – a clause in the contract where one or more parties
agrees to give up their right to sue the other party in court and instead agrees that
they will resolve any conflict through arbitration.

4. Alternative Dispute Resolution
• Meditation vs. Arbitration
•Mediation
–Voluntary
–Not Binding
–Either party can get up and walk away if they don’t like the result.
•Arbitration
–Binding
–You have to accept result even if you hate it.
–Likely not able to choose court instead
–Arbitrators are often selected by the corporation

5. Subject Matter Jurisdiction
• Case has to be in the right court.
• Murder cases are not heard in traffic court.
• Traffic disputes don’t go to bankruptcy court.
Is this the right court for the subject of the case?

6. Personal Jurisdiction
Can the court decide a case about you?
Can you be dragged into court in California?
• It depends!
Rule – court will have Personal Jurisdiction over anyone
• Physically in the state or,
• Anyone who has reached out to the state and established
minimum contacts there or,
• Where the crime or injury occurred.
You can establish minimum contacts by advertising in a state, or otherwise reaching
Out to people or corporations there and trying to engage in business with them.

7. Venue
• Sometimes a case will get moved to another city or
county or state because it is going to be too difficult to
seat an impartial jury .
• Example – The Oklahoma City Bombing Trial was
moved from Oklahoma City to Denver, Colorado.

8. State Courts
• Inferior Courts
• Traffic, etc.
• Trial Courts
• Where the facts of the case are established.
• Jury or judge decides winner, loser.
• Appeals Courts
• Losing party can appeal the trial court decision.
• Only issues of law will be reviewed – not issues of fact.

9. Jurisdiction in Federal Courts
There are only two paths to federal court.
1. Federal Questions
• United States Constitution Questions
• Flag burning, freedom of speech
• Violations of federal statutes
2. Diversity of Citizenship
- When the amount in controversy exceeds $75,000 and the
parties are from two different states.
Note: Anything that can’t get in to Federal Court via one of these routes will go to
State Court.

10. • Pg. 51, #9
Connie vs. Restaurant
Where will case be heard?
MI?
CA?
Why?
Which Court it will go to?
Federal?
State?
Exercise

11. Pleadings
• Complaint
- kicks off the lawsuit
- filed by the plaintiff
- states their harm and what they are seeking
• Answer
• Answers the allegations in the complaint
• Defendant can assert a counterclaim and/or any
• Affirmative Defenses
• Such as self defense
• Reply
- Opportunity for plaintiff to respond to Answer
Counterclaim – Where defendant says I am also suing you because I also have my
own damages which I think are the fault of the plaintiff.
If and when you get served with a complaint, it is time to call a lawyer!

12. The Trial
• Opening
- both parties get to present their version of the case to the jury.
• Examination
• Both parties get to examine all witnesses and parties
• Closing
• Both parties get to again present to the jury on how they think the jury
should find. Remember Burdens of Proof in civil vs. criminal!
• Judgment
• Jury gives a verdict or award. Jury presents their findings.

13. Discovery Process
• Gathering Evidence
• Depositions – live transcribed interviews with parties or
witnesses
• Interrogatories – written questions sent to parties or
witnesses
• Both depositions and interrogatories are done prior to trial
and help the lawyers prepare for trial.
• Watch Texas Style Deposition at
http://www.youtube.com/watch?v=ZIxmrvbMeKc
• Be warned there is some offensive language in the clip!

14. Review for Exam #1
Collaborate