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Outline
General Rules
• Jurisdiction is the power to hear and decide cases. • Courts have
subject matter jurisdiction to decide only certain types of cases
(lawsuits). • Courts may have:
Study Hints
• Courts with original jurisdiction are trial courts, and they render the
initial judgment in civil and criminal cases. • A reversible error
usually occurs when a lower court: (1) applies the wrong law in
resolving the case; or (2) incorrectly interprets or applies the law in
resolving a case.
C. COURT PROCEDURE
• The plaintiff is the party who commences a civil lawsuit, and the
prosecutor is the party who brings a criminal case on behalf of the
government. The defendant is the party against whom a civil or
criminal suit is brought. • The judge is the primary court officer, and
the jury is a body of citizens who are appointed by a court to decide
the facts and render a verdict in a case.
4. THE TRIAL
5. POSTTRIAL PROCEDURES
2. ARBITRATION
General Rules
Arbitration is typically a voluntary process by which parties agree to
submit a dispute to disinterested persons called "arbitrators." • The
parties' agreement determines whether a particular dispute must be
submitted to arbitration. • The arbitrator's decision generally is final,
i.e., it is legally binding on the parties. • The decision can be set
aside by a court only if it is the result of fraud, arbitrary (grossly
unreasonable) conduct by the arbitrator, or serious procedural
mistakes.
Limitation
Laws may require mandatory arbitration of some disputes. In this
situation, the decision can be appealed and a party is entitled to a
new trial (trial de novo).
3. MEDIATION
4. MED ARB
6. ASSOCIATION TRIBUNALS
8. RENT-A-JUDGE
9. MINITRIAL