The document discusses several topics related to the US legal system including:
1) Judicial review was established in 1803 by the Supreme Court case Marbury v. Madison, granting courts the power to review the constitutionality of laws.
2) For a court to hear a case it must have jurisdiction over the parties and subject matter. Jurisdiction is being applied to internet cases based on the level of interaction between parties.
3) The US government branches are executive, legislative, and judicial. The judicial branch includes federal and state court systems with trial and appellate courts.
Criminal law aims to protect persons and property, deter criminal behavior, punish criminal conduct, and rehabilitate criminals. Cyber crime consists of crimes committed using computers, which are prosecuted under existing laws like the Computer Fraud and Abuse Act as well as newer laws. To be convicted, the prosecution must prove beyond a reasonable doubt that the defendant committed a prohibited act with the specified criminal intent or mental state. Corporations can be held liable for crimes committed by employees in the scope of their work.
The U.S. court system is triangular with many trial courts at the bottom, fewer appeals courts in the middle, and a supreme court at the top at both the federal and state levels. Trial courts determine facts and apply the law, while appellate courts review trials for legal errors. The U.S. Supreme Court mainly hears appeals involving constitutional issues or disagreements between circuit courts. Specialized courts exist at both federal and state levels to handle specific areas like bankruptcy, tax, or juvenile cases. Jurisdiction and venue determine where a case can be properly filed and heard.
This document discusses the need to limit unfettered administrative discretion and ensure it is exercised reasonably and lawfully. It provides an overview of key concepts like the delegation of powers, abuse of discretion, judicial review, and the grounds for challenging administrative actions. Specifically, it examines the principles of proportionality and irrationality/unreasonableness that courts can use to evaluate whether a discretionary decision was justified or constituted an overreach of power. The document advocates for Sri Lanka to strengthen protections of human rights and adopt a more robust approach modeled on international standards like utilizing a proportionality test to review whether restrictions on rights go further than necessary.
The document discusses traditional and online dispute resolution. It defines judicial review as established by the US Supreme Court in Marbury v. Madison, giving courts the power to interpret the law. It also discusses jurisdiction, which is a court's power to hear a case, and the differences between trial courts of original jurisdiction and appellate courts. Finally, it summarizes alternative dispute resolution methods like negotiation, mediation, and arbitration that provide alternatives to costly and lengthy litigation.
This document discusses the rule against bias in administrative law. It defines several types of bias that can affect an administrative authority's impartiality, including personal bias from relationships with parties, pecuniary bias from financial interests, subject matter bias, departmental bias, preconceived notion bias, and bias due to obstinacy. Personal bias occurs when a relationship inclines the authority favorably or unfavorably towards a party. Pecuniary bias involves any financial interest, however small, related to the parties. The principles of natural justice require that justice be done and be seen to be done impartially.
This document discusses the principles of natural justice and a fair legal process. It outlines two main principles: 1) Both sides must be heard, also called audi alteram partem, and 2) No man shall be a judge in his own cause. It also discusses the requirements for a fair legal process, including giving notice, allowing each side to present evidence and cross-examine witnesses, and having an impartial judge or tribunal make the decision. The overall message is that natural justice and a fair legal process require impartiality, fairness for both sides, and following proper judicial procedures.
The document outlines several key aspects of constitutional law and the Supreme Court's authority. It discusses the Supreme Court's power of judicial review established in Marbury v. Madison, allowing it to invalidate statutes that violate the Constitution. It also examines the Court's requirement of standing, mootness, and ripeness to hear cases and controversies, as outlined in Article III. The Supreme Court has authority to review state court judgments involving federal questions. However, the independent and adequate state grounds doctrine limits this if a state court decision was based on state law alone.
The U.S. court system is triangular with many trial courts at the bottom, fewer appeals courts in the middle, and a supreme court at the top at both the federal and state levels. Trial courts determine facts and apply the law, while appellate courts review trials for legal errors. The U.S. Supreme Court mainly hears appeals involving constitutional issues or disagreements between circuit courts. Specialized courts exist at both federal and state levels to handle specific areas like bankruptcy, taxes, or family law. Jurisdiction and venue determine where a case can be properly filed and heard.
Criminal law aims to protect persons and property, deter criminal behavior, punish criminal conduct, and rehabilitate criminals. Cyber crime consists of crimes committed using computers, which are prosecuted under existing laws like the Computer Fraud and Abuse Act as well as newer laws. To be convicted, the prosecution must prove beyond a reasonable doubt that the defendant committed a prohibited act with the specified criminal intent or mental state. Corporations can be held liable for crimes committed by employees in the scope of their work.
The U.S. court system is triangular with many trial courts at the bottom, fewer appeals courts in the middle, and a supreme court at the top at both the federal and state levels. Trial courts determine facts and apply the law, while appellate courts review trials for legal errors. The U.S. Supreme Court mainly hears appeals involving constitutional issues or disagreements between circuit courts. Specialized courts exist at both federal and state levels to handle specific areas like bankruptcy, tax, or juvenile cases. Jurisdiction and venue determine where a case can be properly filed and heard.
This document discusses the need to limit unfettered administrative discretion and ensure it is exercised reasonably and lawfully. It provides an overview of key concepts like the delegation of powers, abuse of discretion, judicial review, and the grounds for challenging administrative actions. Specifically, it examines the principles of proportionality and irrationality/unreasonableness that courts can use to evaluate whether a discretionary decision was justified or constituted an overreach of power. The document advocates for Sri Lanka to strengthen protections of human rights and adopt a more robust approach modeled on international standards like utilizing a proportionality test to review whether restrictions on rights go further than necessary.
The document discusses traditional and online dispute resolution. It defines judicial review as established by the US Supreme Court in Marbury v. Madison, giving courts the power to interpret the law. It also discusses jurisdiction, which is a court's power to hear a case, and the differences between trial courts of original jurisdiction and appellate courts. Finally, it summarizes alternative dispute resolution methods like negotiation, mediation, and arbitration that provide alternatives to costly and lengthy litigation.
This document discusses the rule against bias in administrative law. It defines several types of bias that can affect an administrative authority's impartiality, including personal bias from relationships with parties, pecuniary bias from financial interests, subject matter bias, departmental bias, preconceived notion bias, and bias due to obstinacy. Personal bias occurs when a relationship inclines the authority favorably or unfavorably towards a party. Pecuniary bias involves any financial interest, however small, related to the parties. The principles of natural justice require that justice be done and be seen to be done impartially.
This document discusses the principles of natural justice and a fair legal process. It outlines two main principles: 1) Both sides must be heard, also called audi alteram partem, and 2) No man shall be a judge in his own cause. It also discusses the requirements for a fair legal process, including giving notice, allowing each side to present evidence and cross-examine witnesses, and having an impartial judge or tribunal make the decision. The overall message is that natural justice and a fair legal process require impartiality, fairness for both sides, and following proper judicial procedures.
The document outlines several key aspects of constitutional law and the Supreme Court's authority. It discusses the Supreme Court's power of judicial review established in Marbury v. Madison, allowing it to invalidate statutes that violate the Constitution. It also examines the Court's requirement of standing, mootness, and ripeness to hear cases and controversies, as outlined in Article III. The Supreme Court has authority to review state court judgments involving federal questions. However, the independent and adequate state grounds doctrine limits this if a state court decision was based on state law alone.
The U.S. court system is triangular with many trial courts at the bottom, fewer appeals courts in the middle, and a supreme court at the top at both the federal and state levels. Trial courts determine facts and apply the law, while appellate courts review trials for legal errors. The U.S. Supreme Court mainly hears appeals involving constitutional issues or disagreements between circuit courts. Specialized courts exist at both federal and state levels to handle specific areas like bankruptcy, taxes, or family law. Jurisdiction and venue determine where a case can be properly filed and heard.
This document provides an overview of the principles of natural justice in the context of managerial decision making. It discusses key concepts like procedural fairness, lawfulness, evidence-based decisions, reasons for decisions, and accountability. It defines natural justice and its key features. The essential ingredients of natural justice are discussed as the rule against bias, the right to be heard, and the requirement for reasoned decisions. Exceptions to the right to be heard are outlined. The document also discusses the duty to act fairly, the validity of decisions that violate natural justice, and concludes with some case law examples.
The document discusses the concept of natural justice, which refers to fairness in legal procedures. It provides three key principles of natural justice: 1) all parties must be given notice and opportunity to be heard, 2) the decision maker must be unbiased with no personal stake in the outcome, and 3) the decision must be based on evidence disclosed to all parties. It also gives examples from case law where these principles were violated, such as when one party was not allowed to present their case fully or the decision maker had prior involvement in the dispute. Natural justice aims to ensure fair and unbiased decision making through adherence to procedural fairness.
Federal courts decide cases related to federal law and the US Constitution. There are two main types of federal courts - district courts where trials take place, and appellate courts that review district court decisions. The Supreme Court is the highest federal court and can choose to review appellate court rulings. Civil cases involve disputes between private parties, while criminal cases involve acts considered harmful to society and are prosecuted by the government.
This document discusses conflict of laws in intellectual property rights (IPR). It begins by defining IPR and explaining why states create laws to protect intellectual creations through monopoly rights for creators. As technology has reduced national boundaries, courts increasingly face conflicts between IPR laws of different countries. Private international law is important because IPR issues now extend beyond nations. The principle of territoriality and its absence in today's globalized world can create conflicts. The document examines jurisdictional roles and choices of law in resolving international IPR disputes.
This document contains information from a group project on natural justice presented by Group #4 from the Institute of Administrative Sciences at Punjab University. It includes the names of the group members and defines legal justice and natural justice. It discusses the underlying philosophy of natural justice, important concepts, and key principles such as audi alteram partem (hearing the other side) and that no person shall judge their own case. The document also explains the requirements for a fair trial, such as giving notice, the opportunity to be heard, and providing reasoned decisions.
1. The principles of natural justice aim to ensure fairness in decision making and include the rules against bias and the right to be heard.
2. The rule against bias requires adjudicators to be neutral and avoid personal interests or prejudices, while the right to be heard includes adequate notice and the opportunity to respond to allegations.
3. Courts have applied natural justice flexibly depending on context but uphold its fundamental importance, intervening only when a failure results in substantive unfairness.
Administrative law deals with rules created and applied by government bodies that have been delegated powers from the executive branch, such as boards, agencies, commissions, and tribunals. These government bodies regulate many activities that have a significant impact on individuals and businesses. Administrative law is a complex area that involves determining the legality of government actions and providing individuals with mechanisms for judicial review and remedies for wrongful government acts. It has expanded greatly in the 20th century as more government agencies were created to regulate increasingly complex social and economic spheres.
Principles of natural justice - Legal Environment of Business - Business Law ...manumelwin
Principles of natural justice PNJ were derived from the Romans who believed that some legal principles were “natural” or self evident and did not require a statutory basis. PNJ is embedded in Article 311 of the Constitution of India.
This document provides an overview of the Australian legal system and the study of law. It discusses how there are many career paths that can come from studying law, such as becoming a solicitor, judge, or police officer. It also explains how the legal system has become more uniform over time, moving away from methods of trial like trial by combat. Key terms related to the legal system are defined. Additionally, the document discusses how Australia has a representative democracy and the importance of the rule of law in maintaining a just society where all people are treated equally under the law.
Statutory and administrative law (jan. 12, 2011)mpopescu
This document discusses statutory and administrative law. It explains that statutory law is created by legislative bodies and deals with problems affecting large groups of people. It is collected in law codes. Administrative law consists of regulations created by government agencies to specialize in areas requiring expertise, such as the FCC regulating radio spectrum. Agencies determine standards and make regulations in their areas, and courts have limited power to review agency decisions. The roles of Congress, administrative agencies, and courts in creating and interpreting law are outlined.
The document discusses tribunals in Pakistan. It defines a tribunal as any person or institution with authority to judge disputes. Tribunals were established alongside courts to provide a less formal and faster alternative for resolving disputes. There are different types of tribunals that serve adjudicative, regulatory, and appellate functions. Examples discussed include the Appellate Tribunal Inland Revenue and Customs Appellate Tribunal, which hear tax-related appeals. The document outlines the procedures tribunals follow, from preliminary reviews to hearings and decision making. Parties dissatisfied with a tribunal's decision can sometimes appeal through a judicial review process.
1. The document discusses key concepts of the US constitutional system including judicial review, federalism, and the relationship between national and state governments.
2. It analyzes landmark Supreme Court cases like Marbury v. Madison and McCulloch v. Maryland that established the power of judicial review and evolved understandings of federalism.
3. The document also examines how the Court addressed issues of slavery through cases involving the Fugitive Slave Clause and states' personal liberty laws.
Judicial review refers to the process by which courts exercise control over the findings and interpretations of governmental agencies. It is not explicitly mentioned in the Constitution but was established in Marbury v. Madison. Judicial review allows courts to determine the meaning of legislation and invalidate unconstitutional statutes. It provides guidance to agencies and acts as a check on administrative overreach. There are two major aspects - access to review, governed by concepts like ripeness, standing, and mootness, and the scope of review, regarding how much deference courts give to agency actions.
Judicial review allows courts to examine agency decisions and provide remedies if a person believes they have been injured by an agency. Before seeking judicial review, one must complete all agency appeal processes. Judicial review is not automatic and standards govern access to it. Courts can review agencies by statutes that create the agency or establish judicial review. Several barriers like no provision for review or preclusion of review exist. Procedures like standing, ripeness, exhaustion of remedies, and primary jurisdiction must also be followed to seek judicial review. The scope of review is limited but exceptions exist like reviewing issues de novo rather than just the agency record.
Judicial review a power point presentation (1)awasalam
This document provides an overview of writs and judicial review in Sri Lanka. It begins by defining writs as forms of command issued by courts, and lists the main prerogative writs: certiorari, prohibition, mandamus, quo warranto, and habeas corpus. It then discusses the nature and historical development of these prerogative remedies. The document outlines key cases related to writ jurisdiction and judicial review in Sri Lanka. It concludes by explaining the common grounds for judicial review via writ of certiorari: lack of jurisdiction, violating natural justice, errors on the face of the record, and unreasonableness.
This document discusses elements of an administrative hearing. It begins by noting that administrative adjudication is subject to due process requirements under the 5th and 14th Amendments regarding liberty and property rights. It then distinguishes rulemaking from adjudication, noting that due process is not required for rulemaking but may be for actions affecting individuals. The rest of the document outlines the adjudication process, including notice requirements, filing an answer, pre-hearing conferences to simplify issues, and administrative hearings presided over by independent administrative law judges.
The document provides an overview of business law topics including the US court system and judicial review. It discusses that judicial review was established in 1803 by Marbury v. Madison, allowing courts to review the constitutionality of laws. It also describes the differences between trial courts, which hear initial cases and present evidence, and appellate courts, which review trial court rulings. The document outlines the litigation process including pleadings, discovery, and electronic filing of documents.
Chapter 2 - The Resolution of Private DisputesUAF_BA330
The document discusses the US judicial system and resolution of private disputes through the courts. It describes the differences between state and federal court systems, as well as civil and criminal jurisdiction. The stages of civil litigation are outlined, including pre-trial procedures like discovery and motions, and the trial process involving jury selection, witness examination, and closing arguments.
The document discusses the resolution of private disputes through the court system in the United States. It describes the hierarchy of federal and state courts, including trial courts that have either general or limited jurisdiction. It also discusses the concepts of subject matter jurisdiction, in personam jurisdiction, and in rem jurisdiction. Finally, it provides an overview of the civil litigation process, including pleadings, discovery, pre-trial motions, trial procedures, and post-trial remedies.
This document provides an overview of the principles of natural justice in the context of managerial decision making. It discusses key concepts like procedural fairness, lawfulness, evidence-based decisions, reasons for decisions, and accountability. It defines natural justice and its key features. The essential ingredients of natural justice are discussed as the rule against bias, the right to be heard, and the requirement for reasoned decisions. Exceptions to the right to be heard are outlined. The document also discusses the duty to act fairly, the validity of decisions that violate natural justice, and concludes with some case law examples.
The document discusses the concept of natural justice, which refers to fairness in legal procedures. It provides three key principles of natural justice: 1) all parties must be given notice and opportunity to be heard, 2) the decision maker must be unbiased with no personal stake in the outcome, and 3) the decision must be based on evidence disclosed to all parties. It also gives examples from case law where these principles were violated, such as when one party was not allowed to present their case fully or the decision maker had prior involvement in the dispute. Natural justice aims to ensure fair and unbiased decision making through adherence to procedural fairness.
Federal courts decide cases related to federal law and the US Constitution. There are two main types of federal courts - district courts where trials take place, and appellate courts that review district court decisions. The Supreme Court is the highest federal court and can choose to review appellate court rulings. Civil cases involve disputes between private parties, while criminal cases involve acts considered harmful to society and are prosecuted by the government.
This document discusses conflict of laws in intellectual property rights (IPR). It begins by defining IPR and explaining why states create laws to protect intellectual creations through monopoly rights for creators. As technology has reduced national boundaries, courts increasingly face conflicts between IPR laws of different countries. Private international law is important because IPR issues now extend beyond nations. The principle of territoriality and its absence in today's globalized world can create conflicts. The document examines jurisdictional roles and choices of law in resolving international IPR disputes.
This document contains information from a group project on natural justice presented by Group #4 from the Institute of Administrative Sciences at Punjab University. It includes the names of the group members and defines legal justice and natural justice. It discusses the underlying philosophy of natural justice, important concepts, and key principles such as audi alteram partem (hearing the other side) and that no person shall judge their own case. The document also explains the requirements for a fair trial, such as giving notice, the opportunity to be heard, and providing reasoned decisions.
1. The principles of natural justice aim to ensure fairness in decision making and include the rules against bias and the right to be heard.
2. The rule against bias requires adjudicators to be neutral and avoid personal interests or prejudices, while the right to be heard includes adequate notice and the opportunity to respond to allegations.
3. Courts have applied natural justice flexibly depending on context but uphold its fundamental importance, intervening only when a failure results in substantive unfairness.
Administrative law deals with rules created and applied by government bodies that have been delegated powers from the executive branch, such as boards, agencies, commissions, and tribunals. These government bodies regulate many activities that have a significant impact on individuals and businesses. Administrative law is a complex area that involves determining the legality of government actions and providing individuals with mechanisms for judicial review and remedies for wrongful government acts. It has expanded greatly in the 20th century as more government agencies were created to regulate increasingly complex social and economic spheres.
Principles of natural justice - Legal Environment of Business - Business Law ...manumelwin
Principles of natural justice PNJ were derived from the Romans who believed that some legal principles were “natural” or self evident and did not require a statutory basis. PNJ is embedded in Article 311 of the Constitution of India.
This document provides an overview of the Australian legal system and the study of law. It discusses how there are many career paths that can come from studying law, such as becoming a solicitor, judge, or police officer. It also explains how the legal system has become more uniform over time, moving away from methods of trial like trial by combat. Key terms related to the legal system are defined. Additionally, the document discusses how Australia has a representative democracy and the importance of the rule of law in maintaining a just society where all people are treated equally under the law.
Statutory and administrative law (jan. 12, 2011)mpopescu
This document discusses statutory and administrative law. It explains that statutory law is created by legislative bodies and deals with problems affecting large groups of people. It is collected in law codes. Administrative law consists of regulations created by government agencies to specialize in areas requiring expertise, such as the FCC regulating radio spectrum. Agencies determine standards and make regulations in their areas, and courts have limited power to review agency decisions. The roles of Congress, administrative agencies, and courts in creating and interpreting law are outlined.
The document discusses tribunals in Pakistan. It defines a tribunal as any person or institution with authority to judge disputes. Tribunals were established alongside courts to provide a less formal and faster alternative for resolving disputes. There are different types of tribunals that serve adjudicative, regulatory, and appellate functions. Examples discussed include the Appellate Tribunal Inland Revenue and Customs Appellate Tribunal, which hear tax-related appeals. The document outlines the procedures tribunals follow, from preliminary reviews to hearings and decision making. Parties dissatisfied with a tribunal's decision can sometimes appeal through a judicial review process.
1. The document discusses key concepts of the US constitutional system including judicial review, federalism, and the relationship between national and state governments.
2. It analyzes landmark Supreme Court cases like Marbury v. Madison and McCulloch v. Maryland that established the power of judicial review and evolved understandings of federalism.
3. The document also examines how the Court addressed issues of slavery through cases involving the Fugitive Slave Clause and states' personal liberty laws.
Judicial review refers to the process by which courts exercise control over the findings and interpretations of governmental agencies. It is not explicitly mentioned in the Constitution but was established in Marbury v. Madison. Judicial review allows courts to determine the meaning of legislation and invalidate unconstitutional statutes. It provides guidance to agencies and acts as a check on administrative overreach. There are two major aspects - access to review, governed by concepts like ripeness, standing, and mootness, and the scope of review, regarding how much deference courts give to agency actions.
Judicial review allows courts to examine agency decisions and provide remedies if a person believes they have been injured by an agency. Before seeking judicial review, one must complete all agency appeal processes. Judicial review is not automatic and standards govern access to it. Courts can review agencies by statutes that create the agency or establish judicial review. Several barriers like no provision for review or preclusion of review exist. Procedures like standing, ripeness, exhaustion of remedies, and primary jurisdiction must also be followed to seek judicial review. The scope of review is limited but exceptions exist like reviewing issues de novo rather than just the agency record.
Judicial review a power point presentation (1)awasalam
This document provides an overview of writs and judicial review in Sri Lanka. It begins by defining writs as forms of command issued by courts, and lists the main prerogative writs: certiorari, prohibition, mandamus, quo warranto, and habeas corpus. It then discusses the nature and historical development of these prerogative remedies. The document outlines key cases related to writ jurisdiction and judicial review in Sri Lanka. It concludes by explaining the common grounds for judicial review via writ of certiorari: lack of jurisdiction, violating natural justice, errors on the face of the record, and unreasonableness.
This document discusses elements of an administrative hearing. It begins by noting that administrative adjudication is subject to due process requirements under the 5th and 14th Amendments regarding liberty and property rights. It then distinguishes rulemaking from adjudication, noting that due process is not required for rulemaking but may be for actions affecting individuals. The rest of the document outlines the adjudication process, including notice requirements, filing an answer, pre-hearing conferences to simplify issues, and administrative hearings presided over by independent administrative law judges.
The document provides an overview of business law topics including the US court system and judicial review. It discusses that judicial review was established in 1803 by Marbury v. Madison, allowing courts to review the constitutionality of laws. It also describes the differences between trial courts, which hear initial cases and present evidence, and appellate courts, which review trial court rulings. The document outlines the litigation process including pleadings, discovery, and electronic filing of documents.
Chapter 2 - The Resolution of Private DisputesUAF_BA330
The document discusses the US judicial system and resolution of private disputes through the courts. It describes the differences between state and federal court systems, as well as civil and criminal jurisdiction. The stages of civil litigation are outlined, including pre-trial procedures like discovery and motions, and the trial process involving jury selection, witness examination, and closing arguments.
The document discusses the resolution of private disputes through the court system in the United States. It describes the hierarchy of federal and state courts, including trial courts that have either general or limited jurisdiction. It also discusses the concepts of subject matter jurisdiction, in personam jurisdiction, and in rem jurisdiction. Finally, it provides an overview of the civil litigation process, including pleadings, discovery, pre-trial motions, trial procedures, and post-trial remedies.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The group presented on a comparison between a traditional pizza business, Paulie's Pizza House, and Domino's Pizza, a more modern pizza chain. They analyzed the financial plans, including capital expenditures, operating expenses, marketing strategies, and risks of both businesses. Key differences were that Domino's has established brand recognition internationally as a franchise, while Paulie's is a single, independent location. The group ultimately recommended investing in Domino's due to its strong brand, marketing capabilities, and potential for expansion.
هذه محاضرة قدمتها بالجامعة بعنوان: ماجستير إدارة الأعمال الMBA
متى ولماذا وكيف
المحاضرة عامة ومختصرة
المحاضرة مسجلة على يوتيوب هنا:
https://www.youtube.com/watch?v=29NClFC5Gf4
This powerpoint presentation is prepared by reviewing the article entitled "A Case for Global Corporate Governance Rules : An Auditor’s Perspective" by Robert S Roussey. This is presented in a seminar on corporate governance at School of Management, Tribhuvan University.
A Comprehensive Business Report on the Way Forward after Google goes public in 2004.
All work is mine under the eagle-eyed guidance of the famous Professor Robert Mockler at St. John\'s University\'s Tobin College of Business.
Alot of the suggestions i make were actually enacted by Google in the years that followed. You can call it coincidence.
This document discusses various factors related to corporate governance and financial reporting. It includes summaries of several reports on corporate governance issues:
1. It outlines factors that can undermine confidence in financial reporting such as loose accounting standards, lack of oversight of directors, and competitive pressures.
2. It summarizes key recommendations from reports such as Cadbury (1992), Greenbury (1995), Higgs (1998), Turnbull (1999), and Smith (2003) regarding issues like separating the CEO and chairman roles, increasing independent directors, overseeing executive pay, and strengthening auditing practices.
3. It proposes a group assignment discussing which recommendations from these reports have been implemented in students' home countries and which have not and why
Insights into Comparative Corporate Governance of Family BusinessesOmar Qaise
This document discusses corporate governance challenges in family businesses. It notes that while family businesses can outperform non-family counterparts, introducing proper governance is difficult. Key challenges include complex relationship layers between family and management, ensuring fairness for minority shareholders, developing succession plans, resistance to change, and subjective communication. The document suggests separating ownership, control and management; establishing separate family and company boards; training future leaders; and decentralizing transparent decision-making to improve governance in family firms.
Corporate governance involves systems to monitor management and prevent self-interested behavior that harms shareholders. The HealthSouth case shows how failures in oversight by boards, auditors, and analysts allowed fraud. Governance aims to reduce agency costs from the separation of ownership and control of companies. However, individuals and firms are also influenced by moral and social factors beyond just self-interest. Effective governance systems consider both shareholder and stakeholder interests, and are shaped by external laws and cultural norms.
The document discusses corporate governance and the roles and responsibilities of boards of directors and top management. It covers topics like what a board of directors is responsible for, types of board members, trends in corporate governance, and the duties of top management. The key points are that boards are responsible for setting strategy, overseeing management, and representing shareholders, while top management leads the company and sets strategic vision.
The chapter discusses the theoretical foundations and mechanisms of corporate governance, as well as divergent governance models. It outlines the evolution of corporate governance from focusing on agency costs to encompassing stakeholder interests. The chapter also compares theories like agency theory, stewardship theory, and stakeholder theory. Finally, it identifies the obligations of an ideal corporation to society, investors, employees, and customers, as well as managerial obligations.
This chapter provides an overview of corporate governance. It defines corporate governance as addressing problems that result from the separation of ownership and control in corporations. The chapter discusses how corporate governance relates to shareholders, creditors, employees and other stakeholders. It also outlines issues in corporate governance such as board composition and directors' remuneration. The chapter explains that good corporate governance helps protect stakeholders' interests and ensures long-term shareholder value.
This presentation is for my students under Master in Business Administration Course code of Business Policy MBA106. The information is all about the roles and managing of corporate under the corporate governance.
The document discusses key concepts in strategic management including:
1) Strategic management involves setting long-term plans to manage opportunities/threats based on strengths/weaknesses and determining corporate performance.
2) The strategic management process includes environmental scanning, strategy formulation, implementation, and evaluation.
3) Strategic flexibility and becoming a learning organization are important for adapting to changing environments.
4) Different levels of strategy include corporate, business unit, and functional strategies.
The document provides an overview of strategic management concepts from several reference books. It discusses key topics in strategic management including environmental scanning, strategy formulation, objectives, strategies, implementation, and evaluation. Examples are provided of mission statements from companies like ONGC and Nirma. The importance of strategic flexibility and organizational learning are covered. The strategic management model involving environmental scanning, strategy formulation, implementation, and evaluation is depicted.
United Motors Lanka PLC's corporate governance practices are evaluated based on a study of its annual report and relevant codes and regulations. The document examines the company's board structure, practices around transparency, accountability, and independence. It finds that the board could be strengthened by having more independent directors and separating the roles of chairman and CEO. Recommendations include increasing corporate social responsibility initiatives, transparency around audit and remuneration practices, and promoting more fuel efficient vehicles.
Strategic mgmt & bus policy by thomas l. wheelen (10th edition)Mohit Singla
This document provides an overview of environmental scanning and industry analysis. It discusses scanning the societal environment, including economic, technological, political-legal, and sociocultural forces. It also discusses scanning the task environment and analyzing industries using Porter's five forces model, looking at the threat of new entrants and rivalry among existing firms. The key aspects covered are understanding external factors and analyzing the industry and competitive environment that a firm operates within.
Top of FormWEEK 5 SUPREME COURT Lesson Lesson 5 Th.docxedwardmarivel
Top of Form
WEEK 5: SUPREME COURT
Lesson
Lesson 5: The Supreme Court
"A law embodies beliefs that have triumphed in the battle of ideas.”
-Justice Oliver Wendell Holmes
Expected Outcomes
To understand the evolution of the Supreme Court in relation to the other branches of power; to appreciate the difference between the “original intent” and “judicial activist” philosophies; and to critically evaluate the political and cultural importance of major Supreme Court decisions.
Overview
I. The Legal Framework
Most American laws are based on the English legal system. The body of judge-made law is referred to as common law. The U.S. Constitution, State Constitutions and statutes - laws passed by Congress or State Legislatures - are sources upon which American law is founded. Common law countries around the world include: United States; Britain, Australia, Canada, India, and New Zealand.
The United States utilizes a dual court system which is comprised of both State and Federal Courts. The rules and principles which are the basis of court decisions are referred to as Case Law. Case law has bearing on future cases that involve similar facts and constitutional issues. The case law or court rule from previous cases establishes the precedents on which future cases will be relied upon in the decision making process. The doctrine of stare decisis means to stand on the decided cases.
A courts authority to hear and decide cases refers to the jurisdiction of the court. According to the Constitution, the accused must receive a fair trial in the jurisdiction in which the crime was committed. Federal Courts have jurisdiction when there is a federal question in the case, when there is diversity of citizenship involved in the case (meaning citizens from different states), and when there are two or more different states or state boundaries involved. When a case is to be heard in Federal Court, courts with limited jurisdiction include Tax and Bankruptcy Courts. These are examples of courts that deal with very specialized issues that do not deal with constitutional issues, but other federal issues.
II. The Judicial Powers
According to Article III of the Constitution, the judicial power of the United States would be vested in one Supreme Court. The actual authority of the Supreme Court was described as:
· “The Judicial power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizen ...
A lawsuit is a formal legal process where disputes are heard and decided by an impartial third party, usually a judge. There are typically two parties involved - a plaintiff bringing the lawsuit and a defendant it is brought against. Lawsuits can be civil, involving issues like contracts, money, and property rights, or criminal, concerning enforcement of laws. If unsatisfied with the court's ruling, either party may appeal citing an error made during the trial. It is generally advisable to consult an attorney regarding lawsuits, as they understand the laws and court process.
The document discusses the structure and jurisdiction of the United States federal court system. It describes the different types of federal courts, including constitutional courts like the Supreme Court and district courts, and special courts like the Court of Federal Claims and military courts. It explains that constitutional courts have broad jurisdiction over federal law while special courts have narrow jurisdictions over specific areas like veterans benefits or claims against the federal government.
The document provides an overview of the US legal system, including how laws are made at the federal and state levels and how the courts enforce and interpret statutes. It discusses the roles of Congress, state legislatures, and the courts. It also summarizes the different levels and types of courts in the federal and state systems, and outlines the typical stages of civil lawsuits from initiation to appeals.
The U.S. court system is triangular with many trial courts at the bottom, fewer appeals courts in the middle, and a supreme court at the top at both the federal and state levels. Trial courts determine facts and apply the law, while appellate courts review trials for legal errors. The U.S. Supreme Court mainly hears appeals involving constitutional issues or disagreements between circuit courts. Specialized courts exist at both federal and state levels to handle specific areas like bankruptcy, tax, or juvenile cases. Jurisdiction and venue determine where a case can be properly filed and heard.
A lawsuit is a formal legal process where disputes are settled between two parties, a plaintiff and defendant, who present their cases to an impartial third party, usually a judge or jury. Common reasons for lawsuits are to collect debts or determine responsibility. There are different types of lawsuits including civil cases over contractual or financial issues and criminal cases brought by the state. The lawsuit process involves pre-trial procedures, a trial with evidence and arguments presented by both sides, and potentially an appeal if either party disagrees with the ruling. It is generally advisable to consult an attorney who understands the legal process and can help resolve issues.
The document provides an overview of the American judicial system and constitutional limitations on judicial power. It discusses the dual court system with separate federal and state court hierarchies. Key points include:
- The US Constitution established both federal and state court systems, with 95% of cases handled in state courts.
- Federal courts have limited jurisdiction over cases concerning federal law and constitutional questions, while state courts have general jurisdiction.
- The Supreme Court has the final say on the meaning of the US Constitution.
The document provides definitions and information about the jurisdiction and functions of the Magistrates' Court of Victoria, including that it hears approximately 250,000 criminal and civil cases annually, has original jurisdiction over summary offenses and indictable offenses heard summarily, and refers civil matters under $10,000 to arbitration. It also establishes several specialist divisions within the court to handle particular case types like family violence and drug offenses.
Discovering the procedures of the judiciary system-1.pdftrungvo92
The United States has both a federal and state court system. The federal system has the Supreme Court as the highest court, followed by circuit courts of appeals and district courts. State systems each have a highest state supreme court and may have intermediate appellate courts below the trial courts. Both systems have jurisdiction over certain types of cases. Personal jurisdiction is over defendants in the state, while subject matter jurisdiction involves the legal issues. Federal courts hear cases involving federal law or between citizens of different states. State courts handle most criminal cases as well as family, contract, and tort law cases within the state. The hierarchy of laws includes the US Constitution as highest, followed by federal statutes, state constitutions, and common law.
Federal courts hear cases that involve federal laws and the U.S. Constitution, as well as disputes between citizens of different states. There are three main types of federal courts: district courts that conduct trials, courts of appeals that review district court decisions, and the Supreme Court that selects cases to review from appellate courts. Most cases in federal courts are civil lawsuits rather than criminal cases. Civil cases involve disputes between private parties, while criminal cases involve crimes against society.
The document provides an overview of the South African legal system, including its origins and sources of law. It discusses the following key points:
- The South African legal system originated from Roman law and Dutch custom, and was later influenced by English law.
- The authoritative sources of South African law are legislation, judicial precedents, customary law, and old authorities. Persuasive sources include foreign law, textbooks, and journals.
- The Constitution of South Africa is the supreme law and any law that contradicts it can be declared invalid. It aims to heal divisions of the past and establish a society based on democracy, justice, and human rights.
- Customary law consists of unwritten rules and
Ap government the_federal_court_system_reviewjtoma84
The document summarizes key characteristics of the US federal court system. It describes the system as adversarial, with plaintiffs bringing charges against defendants before impartial judges. It also notes the system is passive, as judges can only rule on actual cases rather than hypothetical ones. The document outlines the complex dual court structure with both federal and state courts. It provides details on jurisdiction, the three tiers of courts including district, appeals, and Supreme Court, and judicial review established by Marbury v Madison.
The document summarizes key characteristics of the federal court system in the United States. It describes the federal court system as adversarial, with plaintiffs bringing charges against defendants before impartial judges. It also notes the system is passive, as judges can only rule on actual cases rather than hypothetical ones. The document outlines the multi-tiered structure of federal courts established by the Constitution and Judiciary Act of 1789, including district courts, courts of appeals, and the Supreme Court as the final arbiter on constitutional matters.
The document discusses several key aspects of the American judicial system, including the importance of judicial independence, the common law tradition, and sources of American law such as statutes, administrative law, and case law. It also provides an overview of the federal court system, describing the different types of federal courts and their roles. The Supreme Court's process for deciding cases and issuing opinions is outlined. The selection of federal judges and debates around judicial activism vs. restraint are also summarized.
This document summarizes key aspects of the US judicial system as established by the Constitution and subsequent Supreme Court rulings, including:
1) It outlines the establishment and powers of the federal court system according to Articles III of the Constitution.
2) It describes how judges are nominated by the president and confirmed by the Senate, and the role of interest groups and politics in this process.
3) It explains the Supreme Court's power of judicial review to examine the constitutionality of laws and actions of the other branches of government.
IST 309 Team-ProjectA. Write about laws of Drones. (Like Privacy.docxpriestmanmable
IST 309 Team-Project
A. Write about laws of Drones. (Like Privacy rights or public concerns)NO TITLE PAGE!
B. The main content of my paper is talking about Laws of public concerns, so don’t talking about military or famers or other things!
C. You must read these three articles and quote these articles, moreover use these articles as your references.
http://www.nationaljournal.com/tech/few-privacy-limitations-exist-on-how-police-use-drones-20150205
http://www.utsandiego.com/news/2015/mar/05/drones-california-police-sacramento-privacy/
http://www.brookings.edu/research/reports2/2014/11/drones-and-aerial-surveillance
D. APA format, double space, NO INTRODUTION, NO HISTORY, because it is a team project and I need write a Laws Part on it. Other team member will do introduction and history part. SO, PLEASE just write LAWS of Drones!
E. This is the order of my paper.
1. A starting of Laws of Drones. The following is a example, you need to write like that, but you cannot copy it:
(As drones become cheaper and more capable, more police departments across the country are asking for and getting federal approval to use them for law enforcement.
But the Federal Aviation Administration only takes safety into consideration when it grants a law enforcement agency approval to use drones, leaving privacy protections to legislation—which, depending on the state in question, may or may not exist.)
2. Give a Real Example of Drones.
a) How Drones invasion of Privacy? Give a real example of it. Like Drone fly to someone’s backyard without search warrant.
b) Talk about a certain law about Drones of privacy protection.
c) How public feels about it? How public concerns about it?
3. Talk about two Police Departments have different views: Mesa County and other law enforcement agencies. You need to write down the following content on my paper.(You can get a lot information from first article).
a) Mesa County proactive role in drones and publics concerns
i. Largent Drone Program in the US
ii. 17 pages Policy Manual on Drones
b) Other Law Enforcement agencies played a more secretive role in deploying Drones.
4. Bills and Government Regulation. (You can get more information from second article).
a) Write Laws SB-142 and AB-56, and list the main points of Drones from these two laws.
b) Talk about Government Regulations.
5. The views of Gregory McNeal(You can get more information from third article)
a) Give an introduction of Gregory McNeal, like Gregory McNeal who is Professor of Pepperdine University and also is an Expert in Law and Public Policy.
b) Talk about Gregory McNeal’s Main Focus: security, technology and crime.
c) Write about Five Core Recommendations of Gregory McNeal.
d) Give more details or explain Fifth Point of McNeal. It’s following one.
(5. Legislators should recognize that technology such as geofencing and auto-redaction, may make aerial surveillance by drones more protective of privacy than human surveillance.)
State Court System
Chapte ...
The document discusses the role and powers of the federal courts, particularly the Supreme Court, in American government. It notes that the Supreme Court has the power of judicial review, allowing it to act as a lawmaking body by interpreting statutes and the Constitution. It also discusses how Supreme Court decisions are influenced by the philosophies of its members and cases that come before it. Additionally, it provides an overview of the judicial process, jurisdiction of federal courts, appointment of justices, and limitations on the courts' powers.
The document provides an overview of the federal court system in the United States. It discusses the structure and jurisdiction of the different levels of federal courts, including:
- District courts, which are the federal trial courts that handle around 80% of federal cases. There are 94 district courts serving the 50 states and U.S. territories.
- Courts of appeals, of which there are 13, that hear appeals from district courts and special courts.
- The Court of International Trade, which tries civil cases related to U.S. trade laws.
It also outlines the roles of judges, magistrates, U.S. attorneys, and other court officers in the federal court system.
The document provides an introduction to business law, outlining key concepts such as the definition of law, the need for law in society, the main branches of law including constitutional, administrative, criminal, and civil law. It discusses sources of business law including statutes, case law, customs and usages. The scope of business law has widened due to increasing business complexities and now includes topics like contracts, commercial transactions, business associations and more.
1. Business Law
Bus 117 N
Chapter 2
Roland Cyr CPCU
Instructor
1/26/2009
2. Ch. 2 Learning Objectives
What is judicial review? How and when was the
power of judicial review established?
Before a court can hear a case, it must have
jurisdiction. Over what must it have jurisdiction?
How are the courts applying traditional
jurisdictional concepts to cases involving Internet
transactions?
What is the difference between a trial court and
an appellate court?
In a lawsuit, what are pleadings? What is
discovery, and how does electronic discovery
differ from traditional discovery? What is
electronic filing?
How are online forums being used to resolve
disputes?
3. Branches of Government
Federal government consist:
Executive, (President and about 5,000,000
workers)
Legislative (Senate and House of
Representatives) and
Judicial (Supreme Court and lower Courts).
Role – Interpret and apply US Laws
Laws are meaningless w/out courts interpretations
4. Business Law
The President of the United States administers the
Executive Branch of our government. He enforces
the laws that the Legislative Branch (Congress)
makes
The Legislative part of our government is called
Congress. Congress makes our laws. Congress is
divided into 2 parts. One part is called the Senate.
There are 100 Senators--2 from each of our states.
Another part is called the House of Representatives.
Representatives meet together to discuss ideas and
decide if these ideas (bills) should become laws.
There are 435 Representatives. The number of
representatives each state gets is determined by its
population. Some states have just 2 representatives.
Others have as many as 40.
5. Business Law
The Judicial part of our federal government
includes the Supreme Court and 9 Justices.
They are special judges who interpret laws
according to the Constitution. These justices only
hear cases that pertain to issues related to the
Constitution. They are the highest court in our
country. The federal judicial system also has
lower courts located in each state to hear cases
involving federal issues.
6. The Judiciary’s Role in American
Government
Judicial Review was established by the U.S.
Supreme Court in Marbury v. Madison (1803)
where Chief Justice Marshall wrote:
―It is emphatically the province and
duty of the judiciary to say what the
law is….‖
7. Business Law
Jurisdiction: ―Juris‖ (law) ―diction‖ (to speak) is
the power of a court to hear a dispute and to
―speak the law‖ into a controversy and render a
verdict that is legally binding on the parties to the
dispute.
The Judiciary’s Role in American Government
The essential role of the judiciary is to interpret
and apply the law to specific situations. The
judiciary can decide, among other things, whether
the laws or actions of the other two branches are
constitutional. The process for making such a
determination is known as judicial review.
8. Business Law
A. JURISDICTION
Before a court can hear a case, it must have
jurisdiction over both the person against whom
the suit is brought or the property involved in the
suit and the subject matter of the case.
Generally, a court’s power is limited to the
territorial boundaries of the state in which it is
located, but in some cases, a state’s long arm
statute gives a court jurisdiction over a
nonresident. A corporation is subject to the
jurisdiction of the courts in any state in which it is
incorporated, in which it has its main office, or in
which it does business.
9. Business Law
Personam Jurisdiction – Generally a court can
exercise jurisdiction over any person that resides
in a certain geographic area – Question 2 on
exam
In Rem Jurisdiction – A Court can exercise
jurisdiction over property that is located within its
boundaries – Question 3
10. Business Law
B. JURISDICTION OF THE FEDERAL COURTS
The jurisdiction of the federal courts is limited by the
Constitution. Congress can control the number and kind of
federal courts (other than the United States Supreme Court).
Congress can also regulate the appellate jurisdiction of the
United States Supreme Court and set other limits on federal
jurisdiction
Whenever a suit involves citizens of different states, a foreign
country and an American citizen, or a foreign citizen and an
American citizen, diversity of citizenship exists, and the suit can
be brought in a federal court.
In diversity of citizenship suits, Congress has set an additional
requirement—the amount in controversy must be more than
$75,000. For diversity of citizenship purposes, a corporation is a
citizen of the state in which it is incorporated and of the state in
which it has its principal place of business.
Whenever a suit involves a question arising under the
Constitution, a treaty, or a federal law, a federal question
arises, the suit can be brought in a federal court.
11. Jurisdiction of the Federal Courts
Federal cases in which the rights or obligations
of a party are created or defined by federal law.
―Diversity‖ cases where:
The parties are not from the same state, and
The amount in controversy is greater than $75,000.
12. Business Law
C. EXCLUSIVE V. CONCURRENT JURISDICTION
When both state and federal courts have the power to
hear a case, concurrent jurisdiction exists.
When a case can be heard only in federal courts or
only in state courts, exclusive jurisdiction exists.
Federal courts have exclusive jurisdiction in cases
involving federal crimes, bankruptcy, patents, and
copyrights; in suits against the United States; and in
some areas of admiralty law.
States have exclusive jurisdiction in certain subject
matters also—for example, divorce and adoptions.
Why might a case be brought in one court or another
when there is concurrent jurisdiction.
See page 34 – Exhibit 2-1 in text
13. Business Law
D. JURISDICTION IN CYBERSPACE
The basic question is whether there are sufficient
minimum contacts in a jurisdiction if the only
connection to it is an ad on the Web originating from a
remote location.
To date, the answer has generally been no.
One approach is the sliding scale, according to which
a passive ad is not enough on which to base
jurisdiction while doing considerable business online
is. Some of the controversy involves cases in which
the contact is more than an ad but less than a lot of
activity. A firm should attempt to comply with the laws
of any jurisdiction in which it targets customers.
14. Learning Objective #1
What is judicial review? How and when was
the power of judicial review established? The
courts can decide whether the laws or actions of
the legislative and executive branches of
government are constitutional. The process for
making this determination is judicial review. The
doctrine of judicial review was established in
1803 when the United States Supreme Court
decided Marbury v. Madison
15. Learning Objective #2
Over what must a court have jurisdiction to
hear a case? How are the courts applying
traditional jurisdictional concepts to cases
involving Internet transactions? To hear a
case, a court must have jurisdiction over the
person against whom the suit is brought or over
the property involved in the suit. The court must
also have jurisdiction over the subject matter.
16. Business Law
E. INTERNATIONAL JURISDICTIONAL ISSUES
The minimum-contact standard can apply in an
international context, too. As in cyberspace, a firm
should attempt to comply with the laws of any
jurisdiction in which it targets customers.
F. VENUE
A court that has jurisdiction may not have venue.
Venue refers to the most appropriate location for
a trial. Essentially, the court that tries a case
should be in the geographic area in which the
incident occurred or the parties reside.
17. Business Law
G. STANDING TO SUE
Before a person can bring a lawsuit before a
court, the party must have standing. The party
must have suffered a harm, or been threatened a
harm, by the action about which he or she is
complaining. The controversy at issue must also
be justifiable (real and substantial, as opposed to
hypothetical or academic)
18. The State and Federal Court
Systems
1. Trial Courts (Me. District Court)
Trial courts with limited jurisdiction include local municipal
courts (which handle mainly traffic cases), small claims
courts, and domestic relations courts. Trial courts with
general jurisdiction include county, district, and superior
courts. At trial, the parties may dispute the facts, what law
applies, and how that law should be applied.
2. Appellate, or Reviewing, Courts
In most states, after a case is tried, there is a right to at
least one appeal. Few cases are retried on appeal. An
appellate court examines the record of a case, looking at
questions of law and procedure for errors by the court
below. In about half of the states, there is an intermediate
level of appellate courts.
19. Business Law
3. Highest State Courts (Me. Law Court)
In all states, there is a higher court, usually called
the state supreme court. The decisions of this
highest court on all questions of state law are
final. If a federal constitutional issue is involved
in the state supreme court’s decision, the decision
may be appealed to the United States Supreme
Court.
20. Federal Courts
1. U.S. District Courts
Federal trial courts of general jurisdiction are district courts. Federal
trial courts of limited jurisdiction include U.S. Tax Courts and U.S.
Bankruptcy Courts. Federal district courts have original jurisdiction in
federal matters. Some administrative agencies with judicial power also
have original jurisdiction.
2. U.S. Courts of Appeal
U.S. courts of appeal, or circuit courts of appeal, hear appeals from the
decisions of the district courts located within their respective circuits.
The decision of a court of appeals is binding on federal courts only in
that circuit.
3. United States Supreme Court
The court at the top of the three federal tiers is the United States
Supreme Court to which further appeal is not mandatory but may be
possible. A party may ask the Supreme Court to issue a writ of certiorari,
but the Court may deny the petition. Denying a petition is not a decision
on the merits of the case. Most petitions are denied. Typically, the Court
grants petitions only in cases that at least four of the justices view as
involving important constitutional questions.
21. Learning Objective #3
What is the difference between a trial court
and an appellate court? A trial court is a court in
which a lawsuit begins, a trial takes place, and
evidence is presented. An appellate court reviews
the rulings of trial court, on appeal from a
judgment or order of the lower court.
22. Supreme Courts
Also known as courts of last resort.
The two most fundamental ways to have your
case heard in a supreme court are:
Appeals of Right.
By Writ of Certiorari.
23. State and Federal Courts
State Courts Federal Courts
U.S. Supreme
Ct. Criminal Supreme
Court
Appeals Court
Court of
Circuit
Appeals
Courts of
Appeals
District Court Superior
Court
Bankruptcy
Probate U.S. District
Court
Court Court
23
25. Following a State Court Case
Following a State Court Case
The common law system is an adversary system.
Each adversary is entitled to present his or her
version of the facts through an advocate. An
attorney is the client’s advocate. A judge
assumes an unbiased role, but this role is not
entirely passive. A judge is responsible for the
appropriate application of the law and does not
have to accept the adversaries’ arguments.
There are rules of procedure to govern the way in
which disputes are handled in courts.
26. Court Summary
* Lower courts try misdemeanors and
preliminaries for felony cases, and civil disputes
below a certain dollar amount (e.g., $10,000 or
less).
* Higher-level trial courts (sometimes called
Superior courts) try felony cases, and civil
disputes above a certain amount (e.g., $10,000 or
more).
* Appellate courts review trial court decisions.
* Superior appellate courts, or Supreme
courts, review lower appellate court decisions
27. Pleadings
Pleadings.
Plaintiff’s Complaint. (NH – Writ)
Summons.
Defendant’s Answer /Motion to Dismiss.
Pre-Trial Motions.
Motion for Judgment on the Pleadings.
Motion for Summary Judgment.
29. Actual
Trial
Trial
Opening arguments.
Plaintiff’s Case in Chief.
Defense cross-examines Plaintiff’s witnesses.
Defense Case in Chief.
Plaintiff cross-examines Defense witnesses.
Closing Arguments.
30. Pleadings - Summary
Complaint
The complaint (or petition or declaration) is filed with the clerk of the trial
court. It contains a statement alleging jurisdictional facts; a statement of
facts entitling the complainant to relief; and a statement asking for a specific
remedy.
2. Answer
An answer admits or denies the allegations in the complaint and sets out any
defenses and counterclaims (the plaintiff can file a reply to any
counterclaim).
3. Motion to Dismiss
A motion to dismiss may be based on any of several grounds. A motion to
dismiss for fail-ure to state a claim on which relief can be granted alleges
that according to the law, even if the facts in the complaint are true, the
defendant is not liable.
4. Other Pretrial Motions
After the pleadings are filed, either party can file a motion for judgment on
the pleadings or a motion for summary judgment. A trial might be avoided if
no facts are in dispute and only questions of law are at issue.
31. Learning Objective #4
In a lawsuit, what are pleadings? What is
discovery, and how does electronic discovery
differ from traditional discovery? What is
electronic filing?
The pleadings include a plaintiff’s complaint and a
defendant’s answer (and the counterclaim and reply).
The pleadings inform each party of the other’s claims
and specify the issues involved in a case.
Discovery is the process of obtaining information and
evidence about a case from the other party or third
parties. Discovery entails gaining access to
witnesses, documents, records, and other types of
evidence. Electronic discovery differs in its subject (e-
media rather than traditional sources of information).
Electronic filing involves the filing of court documents
in electronic media, typically over the Internet.
32. Cyber Technology
Courts Adapt to the Online World
Technology can save judges’ and lawyers’ time
and space. Filing court documents may involve a
transfer over the Internet, a transmission via e-
mail, or a delivery of a computer disk. The text
mentions some of the details of specific systems
and their problems. Courts are also using
electronic case management systems. Most
courts also have Web sites, though they do not
generally contain vast archives of case law.
Next on the horizon are virtual courtrooms, or
cyber courts. (Any problems with this format)
33. Alternate Dispute Resolution
The advantage of alternative dispute resolution
(ADR) is its flexibility. Normally, the parties
themselves can control how the dispute will be
settled, what procedures will be used, and
whether the decision reached (either by
themselves or by a neutral third party) will be
legally binding or nonbinding. Approximately 95
percent of cases are settled before trial through
some form of ADR.
ADR describes any procedure or device for
resolving disputes other than the traditional
judicial process.
34. ADR
A. NEGOTIATION
One form of ADR is negotiation, in which the parties
attempt to settle their dispute informally, with or
without attorneys.
B. MEDIATION
In mediation, the parties attempt to negotiate an
agreement with the assistance of a neutral third
party, a mediator. The mediator does not make a
decision on the matter being disputed.
C. ARBITRATION
A more formal method of ADR in which a neutral third
party or a panel of experts hears a dispute and
renders a decision. The decision is legally binding.
Formal arbitration resembles a trial.
35. ADR
Arbitration Clauses and Statutes
Virtually any commercial matter can be submitted
to arbitration. Often, parties include an arbitration
clause in a contract. Parties can also agree to
arbitrate a dispute after it arises. Most states
have statutes (often based on the Uniform
Arbitration Act of 1955) under which arbitration
clauses are enforced, and some state statutes
compel arbitration of certain types of disputes. At
the federal level, the Federal Arbitration Act
(FAA), enacted in 1925, enforces arbitration
clauses in contracts involving maritime activity
and interstate commerce.
Arbitration Forums, Inc.
36. Other forms of ADR
1. Mini-Trials
In a mini-trial, each party’s attorney briefly argues the
party’s case before the other party. Typically, a
neutral third party acts as an adviser and an expert in
the area being dis-puted. If the parties fail to reach an
agreement, the adviser renders an opinion as to how
a court would likely decide the issue.
2. Early Neutral Case Evaluation
In early neutral case evaluation, the parties select a
neutral third party (generally an expert in the subject
matter of the dispute) to evaluate their respective
positions. This evaluation forms the basis for
negotiating a settlement.
37. Online Dispute Resolution
When outside help is needed to resolve a
dispute, there are a number of Web sites that
offer online dispute resolution (ODR). This help
may be best for resolving small to medium-sized
business liability claims, which may not be worth
the expense of litigation or traditional alternative
dispute resolution (ADR).
38. Online Dispute Resolution
Online mediation is the same as normal
mediation, except that the parties never see each
other. Everything is done via email. SquareTrade
resolves disputes involving $100 or more
between E-Bay customers. SquareTrade also
resolves other disputes related to online
transactions, using software to walk participants
through a step-by-step resolution process.
39. Arbitration Disadvantages
Results may be unpredictable because arbitrators
do not have
to follow precedent or rules of procedure or
evidence.
Arbitrators do not have to issue written opinions.
Generally, no discovery available.
40. Learning Objective #5
How are online forums being used to resolve
disputes? To resolve disputes, online forums are
used in the same ways in which offline forums are
used. Most online forums do not automatically
apply the law of any specific
jurisdiction, however, but apply general, universal
legal principles. A party may not appeal from an
online forum to a court at any time.
41. ADR
Reasons for the legal system’s observance of
procedural technicalities is vast, the finality of
courts’ rulings are far reaching, people’s lives are
often changed by a court’s decision.
If it were your person or your property
hanging in the balance, would you prefer a
series of well-defined steps or a less formal
process?
42. Conclusion
Law corresponds to the many ways in which
people organize the world. That is, the law
includes customs, traditions, rules, and objectives
that people have held in different circumstances
at different times. While it often seems that the
law creates meaningless distinctions, it is in fact
the real needs of real people that create them.
(Elected officials are in reality the intended
consequences)
43. Conclusion
What do you think that jurors discuss when they
retire to consider a verdict? What should they
discuss?
Research indicates that discussion in the jury room
focuses primarily on what procedures the jury should
follow, their opinions about the case, and relevant
personal reminiscences. Much less time is spent
discussing testimony from the trial and the judge’s
instructions. In many cases, jury verdicts are not
different from the decisions that the judges would
have made. Studies reveal that 80 percent of the
time, the court agrees with the jury’s verdict. In civil
cases, judges and juries almost always agree; in
criminal cases, a jury is more likely to acquit a
44. Conclusion
To what extent those who send e-mail over the
Internet should be liable for the content of their
messages in states other than their own (or
nations other than the United States).
Is the existence of a Web site a sufficient
basis to exercise jurisdiction?
45. Conclusion
Economic and non-economic— deciding whether or
not to pursue legal action. Are you prepared to pay
for going to court? Engaging in legal action can be
expensive. A good attorney may charge as much as
$300 an hour, or more, plus expenses, and more for
trial work.
Do you have the patience to pursue a case
through the judicial system? Court calendars are
crowded. In some cases, it may be years before the
matter comes to trial—and then there is the appeal. Is
there an alternative to legal action? A settlement
might be preferable to a suit, even if
The former represents a lesser dollar amount, once
their bottom lines are adjusted for future expenses,
time lost, aggravation, and so on. Many controversies
lend themselves to faster, less expensive methods of
dispute resolution.
46. Discussion Questions
1. If a corporation is incorporated in Delaware, has its main office in
New York, and does business in California, but its president lives in
Connecticut, in which state(s) can it be sued?
Delaware, New York, and California—a corporation is subject to the jurisdiction of
the courts in any state in which it is in-corporated, in which it has its main
office, or in which it does business.
2. What is venue?
Venue is a term that refers to the most appropriate location for a trial.
What is the effect of filing a case with improper venue?
The case is removed to a court with proper venue.
3. What is the difference between a court of general jurisdiction and a
court of limited jurisdiction?
A court with general jurisdiction can hear virtually any type of case, except a case
that is appropriate for a court with limited jurisdiction. Trial courts with general
jurisdiction include county, district, and superior courts. Trial courts with limited
jurisdiction include local municipal courts (which handle mainly traffic
cases), small claims courts, and domestic relations courts. Thus, for
example, small claims disputes are typically as-signed to courts that hear only
small claims disputes.
48. Discussion Questions
4. What is the role of a court with appellate jurisdiction? Courts of
appellate jurisdiction are reviewing courts—they review cases brought on appeal
from trial courts, which are courts of original jurisdiction. In most states, after a
case is tried, there is a right to at least one appeal. An appellate court examines
the record of a case, looking at questions of law and procedure for errors by the
court below.
5. When may a federal court hear a case? Federal courts have
jurisdiction in cases in which federal questions arise, in cases in which there is
diversity of citizenship, and in some other cases, when a suit involves a question
arising under the Constitution, a treaty, or a federal law, a federal question arises.
When a suit involves citizens of different states, a foreign country and an
American citizen, or a foreign citizen and an American citizen, diversity of
citizenship exists. In diversity suits, there is an additional requirement—the
amount in controversy must be more than $75,000. Federal courts have
exclusive jurisdiction in cases involving federal crimes, bankruptcy, patents, and
copyrights; in suits against the United States; and in some areas of admiralty law.
6. When may the United States Supreme Court hear a case? The United
States Supreme Court has orig-inal in only a few situations. The Supreme Court
can review any case decided by a federal court of appeals and any case decided
by a state’s highest court in which a federal constitutional issue is involved.
49. Discussion Questions
7. When can a court exercise jurisdiction over a party whose only connection to
the jurisdiction is via the Internet? One way to phrase the issue is when, under a set of
circumstances, there are suf-ficient minimum contacts to give a court jurisdiction over a
remote party. If the only contact is an ad on the Web originating from a remote location, the
outcome to date has generally been that a court cannot exercise jurisdiction. Doing
considerable business online, however, generally supports jurisdiction. The ―hard‖ cases are
those in which the contact is more than an ad but less than a lot of activity.
8. How does the process of negotiation work? In the process of negotiation, the
parties come to-gether in-formally, with or without attorneys to represent them. Within this
informal setting the parties air their dif-ferences and try to reach a settlement or resolution
without the involvement of independent third parties. Because no third parties are involved
and because of the informal setting, negotiation is the sim-plest form of al-ternative dispute
resolution.
9. What is the principal difference between negotiation and mediation? The major
difference be-tween negotiation and mediation is that mediation involves the presence of a
third party called a mediator. The me-diator assists the parties in reaching a mutually
acceptable agreement. The mediator talks face to face with the parties and allows them to
discuss their disagreement in an informal environment. The mediator’s role, however, is
limited to assisting the parties. The mediator does not decide a controversy; he or she only
aids the process by helping the parties more quickly find common ground on which they can
begin to reach an agreement for themselves.
10. What is arbitration? The process of arbitration involves the settling of a dispute by
an impartial third party (other than a court) who renders a legally binding decision. The third
party who renders the decision is called an arbitrator. Arbitration combines the advantages of
third-party decision making—as provided by judges and juries in formal litigation—with the
speed and flexibility of rules of procedure and evidence less rigid than those governing
courtroom litigation.
50. Discussion Questions
11. What is jurisdiction? How does jurisdiction over a person or
property differ from subject matter jurisdiction? What does a long arm
statute do? To consider a case, a court must have power over the person or the
property involved in the action. Power over the person is often referred to as in
Personam jurisdiction. In Personam jurisdiction is required before a court can
enter a personal judgment against a party to the action. Power over property is
often referred to as in rem jurisdiction. An in rem proceeding is taken directly
against property. Subject matter jurisdiction involves limitations on the types of
cases a court can hear—a court of general jurisdiction can hear virtually any type
of case, except a case that is appropriate for a court of limited jurisdiction.
Generally, a court’s power is limited to the territorial boundaries of the
state in which it is located. Thus, a court has jurisdiction over the person of
anyone who can be served with a summons within those boundaries.
Additionally, the court has jurisdiction over a person who is a resident of the state
or does business within the state. Finally, in some cases in which an individual
has committed a wrong, a court can exercise jurisdiction using the authority of a
long arm statute, even if the individual is outside the state. A long arm statute is
a state law permitting courts to obtain jurisdiction over nonresident defendants.
12. What are the advantages and disadvantages of alternative dispute
resolution? The cost and delay involved in litigation is avoided. Methods of