1© 2014 Cengage Learning. All Rights Reserved. May n.docx

1
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
David P. Twomey - Boston College
Marianne M. Jennings - Arizona State University
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Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
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Twomey – Jennings, Anderson’s Business Law and the Legal
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in a license distributed with a certain product or service or
otherwise on a password-protected website for classroom use.
Chapter 2
The Court System and Dispute Resolution
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A. The Court System
The Types of Courts
The Federal Court System
State Court Systems
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A. The Court System [LO.1]
A court is a tribunal established by the government to:
Hear evidence and decide cases brought before it,
Provide remedies when a wrong has been committed, and
Prevent possible future wrongs by issuing the equitable remedy
of an injunction.
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A. The Court System
Types of Courts:
Courts hear disputes according to their jurisdiction (the
authority to hear cases).
Subject matter jurisdiction covers types of proceedings a court
may hear.
Original jurisdiction conduct ‘first findings’ in a case.
General jurisdiction gives broad authority over different types
of cases.
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A. The Court System
1. Types of Courts (continued):
Limited or special jurisdiction courts deal with cases restricted
to certain subject matter.
Appellate jurisdiction reviews the work of a lower court. Either
-existing (or
misleading) material in the cross-examination and closing
argument is reversible error.
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A. The Court System
2. The Federal Court System:
Supreme Court
Highest appeals court
Review from lower appeals courts are usually at their discretion
U.S. Court of Appeals
Circuit Courts have jurisdiction by geographic area
Federal Circuit has nationwide jurisdiction by subject area
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A. The Court System
(A) Federal District Courts: general trial courts of original
jurisdiction in both civil and criminal matters. Jurisdiction
limited to:
Civil suits in which the United States is a party.
Cases between citizens of different states involving damages of
$75,000 or more.
Cases arising under US Constitution or federal laws and
treaties.
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A. The Court System
(B) U.S. Courts of Appeals:
Appeals from federal district courts in twelve circuits,
including one for D.C.
A thirteenth Federal Circuit hears certain types of appeals from
all circuits.

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A. The Court System
(C) U.S. Supreme Court: Highest court in the land. Final
appeal for all federal and state cases. Original jurisdiction for
ambassadors, public ministers or consuls and suits involving
two states.

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A. The Court System
3. State Court Systems:
State Supreme Court:
Possible appeal to the US Supreme Court
Has different names in different states
General Trial Court:
County Court

Circuit Court
Superior Court
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A. The Court System
State Court Systems:

General Trial Courts: Courts of general and original
jurisdiction that hear both civil and criminal cases.
Specialty Courts: Limited jurisdiction for family law, probate,
or juvenile cases.
City, Municipal, and Justice Courts: Handle civil matters below
$5,000 or $10,000 in dispute and misdemeanor cases.
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A. The Court System
3. State Court Systems:
Small Claims Courts: Limited jurisdiction for specific amounts
in controversy, typically where no lawyers represent the parties.
State Appellate Courts: Intermediate-level courts similar to the
federal court of appeals.
State Supreme Courts: The highest court on most states.
Decisions are final except when federal law or treaty of the U.S.
constitution is involved.
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B. Court Procedure
4. Participants in the Court System
5. Which Law Applies—Conflicts of Law
Initial Steps in a Lawsuit
The Trial
Posttrial Procedures
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B. Court Procedure [LO.2]
Participants in the Court System:
Plaintiff: initiates civil proceedings. Prosecutor initiates
criminal proceedings.
Defendant: party against whom civil or criminal proceedings are
brought.
Judge: primary officer of the court, manages case.
Attorney-Client Privilege: confidentiality between counsel and
client.
Jury: body of citizens sworn by court to reach a verdict.
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B. Court Procedure
5. Which Law Applies? - Conflict of Laws:
Law of state where complaint is filed governs procedural issues
and evidence rules.
For contract litigation, courts apply law of state in which
contract was formed.
For contract performance, courts apply law of state in which
contract is to be performed.
International contracts follow similar rules.
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B. Court Procedure
6. Initial Steps in Lawsuit:
Commencement of a Lawsuit: Begins with filing a complaint
and request for damages.
Service of Process: Paperwork served on a defendant to give
proper notice of complaint.
Defendant’s Response and Pleadings: Defendant is required to
answer. May deny the allegations or file a motion to dismiss
(demurrer). Defendant may also file a counterclaim. Initial
documents are called pleadings.

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B. Court Procedure
(D) Discovery: Requires each side to disclose, upon request,
information relevant and admissible to the case, including
potential witnesses.
Deposition: testimony of witness under oath, can be used to
impeach and preserve.
Interrogatories: written questions

Requests for Production of Documents
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B. Court Procedure
(E) Motion for Summary Judgment: When there are no

‘material facts’ in dispute, judge may decide the case as a
matter of law.
(F) Designation of Expert Witness: Special expertise that will
help the trier of fact (usually a jury) explain a standard of care
or give value to a legal injury.
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B. Court Procedure
7. The Trial:
Selecting a Jury. Process of voir dire, the parties may challenge
the selection of certain potential jurors.
Opening Statements.
Presentation of Evidence. Judge determines admissibility.
Direct-exam of own witnesses, cross-exam of opposing
witnesses.
Motion for Directed Verdict. Asks the court to grant verdict
due to no basis for recovery.
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B. Court Procedure
The Trial:
Closing Arguments or Summation.
Motion for Mistrial. To avoid great injustice, usually based on
misconduct or when jurors cannot reach a verdict.
Jury Instructions and Verdict.
Motion for New Trial; Motion for Judgment N.O.V. Court may
grant judgment n.o.v. if verdict is clearly wrong as a matter of
law.
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B. Court Procedure
8. Posttrial Procedures:
Recovery of Costs/Attorney Fees. Generally prevailing party is
awarded costs.
Execution of Judgment. Accomplished by seizure and sale of
losing party’s assets by sheriff. Garnishment is also a common
method for collecting a judgment.
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C. Alternative Dispute Resolution (ADR)
Arbitration
Mediation
MedArb
Reference to a Third Person
Association Tribunals
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Summary Jury Trial
Rent-A-Judge
Mini-Trial
Judicial Triage
Contract Provisions
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C. Alternative Dispute Resolution [LO.3]
Arbitration:
Neutral third parties listen to evidence and determine binding
resolution on the parties.
Uniform Arbitration Act provides that parties to a contract may
agree in advance that any disputes will be submitted to
arbitration.
Federal Arbitration Act provides that an arbitration clause in a
contract relating to an interstate transaction is valid,
irrevocable, and enforceable.

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Arbitration:
Mandatory Arbitration. Some statutes require that certain types
of disputes be submitted to arbitration.
Finality of Arbitration. Most parties provide within their
arbitration agreement that the decision will be final. If
arbitration is mandatory under statute, the losing party may

generally appeal it to a court.
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10. Mediation:
Neutral third party makes decision but is usually not binding on

the parties.
MedArb:
New ADR form in which arbitrator also acts as a
mediator/messenger for parties on unresolved issues.
Reference to a Third Person
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13. Association Tribunals:
Courts created by trade associations or groups to arbitrate
issues between members.
14. Summary Jury Trial:
‘Mock trial’ where lawyers present evidence to a jury of six
people.
Rent-A-Judge:
Judge is referee, decision can be final.
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16. Minitrial:
A trial held on portions or certain issues of a case.
Judicial Triage:
Court management tool that is used to expedite cases where
time is of the essence.
Contract Provisions
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Answer all questions fully and with understanding. Each
question should be answered separately!!

1. How can organizational culture influence creativity both
negatively and positively? Provide examples to support your
response.
2. Which of the four lenses of innovation do you see most
frequently within your organization? Which do you see less
frequently? Provide specific examples. How would this
information help you in moving innovation forward within your
organization?
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David P. Twomey - Boston College
Marianne M. Jennings - Arizona State University
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Chapter 1
The Nature and Sources of Law
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A. Nature of Law and Legal Rights
Legal Rights
Individual Rights
The Right of Privacy
Privacy and Technology
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A. Nature of Law and Legal Rights [LO.1]

1. Legal Rights:
Legal capacity to require another person to do or not do an act.
Our rights flow from the U.S. Constitution, state constitutions,
federal and state statutes, local laws.
Duties and Rights coexist. No right exists without a
corresponding duty.
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Individual Rights:
Include freedom of speech, due process, right to vote.
3. Right of Privacy:
Right to be secure against unreasonable searches and seizures.
Includes right to protectio
Arizona vs. Gant case: Searches require warrants or a valid

exception to the privacy provided under the Fourth Amendment.
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4. Privacy and Technology:
Technology has changed the way we interact with each other
and allows easier intrusion into another’s privacy.
Courts and Congress have said that right to privacy also exists
in electronic form and the Internet.

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B. Sources of Law
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B. Sources of Law [LO.2]
Law provides the framework for business and personal rights
and duties, expressed as:
Constitutional law
Statutory law
Administrative law
Private law
Case law, Statutory interpretation & Precedent
Treaties and Executive orders
Uniform State Laws
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Federal (U.S) Constitution
State Constitution
Federal (U.S. Congress)
State Legislatures
Local Gov’t (City, County)
Federal Administrative Agencies
State Administrative Agencies
B. Sources of Law
The National Conference of Commissioners on Uniform State
Law has drafted statutes on various subjects to try to achieve
uniformity among state statutes.
Constitutional Law
Administrative Law
Statutory Law
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B. Sources of Law
Rules and regulations parties agree to as part of their
contractual relationship.
Private Law
Laws made by decisions of a court; Clarifies the meaning of
statutes and creates precedents. Many times courts apply
common law.
Case Law
Treaties made by the United States and executive orders of the
president of the United States or other public officials.
Treaties and Executive Orders
Statutes drafted by the National Conference of Commissioners
for adoption by the states. Best example is the Uniform
Commercial Code (UCC).
Uniform State Laws

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C. Classifications of Law
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C. Classifications of Law [LO.3]
Substantive law creates, defines and regulates rights and
liabilities.
Procedural law specifies how rights and liabilities are enforced.
Criminal laws define wrongs against society.
Civil laws define the rights of one person against another.
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C. Classifications of Law
Law vs. Equity:
Equity is a body of law that provides justice when the law does
not offer an adequate remedy of the application of the law
would be terribly unfair.
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