CHAPTER THREE:

Judicial & Alternative Dispute Resolution

Chapter Objectives:

1. Describe the state court systems.

2. Describe the federal Court system

3. Explain how a justice is chosen for the U.S. Supreme

Court

4. Explain subject matter jurisdiction of federal and state

courts

5. Describe in personam jurisdiction of courts and service

of process

6. Describe venue

7. Describe the pretrial litigation process, including

pleadings, discovery, dismissals and pretrial judgments,

and settlement conferences.

8. Describe how a case proceeds through trial

9. Describe3 how a trial court decision is appealed.

10.Explain the use of arbitration and other nonjudicial

methods of alternative dispute resolution.

 

A. The State Court Systems

  1. Limited Jurisdiction Trial Court
  2. General Jurisdiction Trial Court
  3. Intermediate Appellate Court
  4. Highest State Court

B. The Federal Court Systems

  1. Special Federal Courts
  2. U.S. District Court
  3. U.S. Court of Appeals
  4. U.S. Supreme Court
  5. Decisions by the U.S. Supreme Court
  6. Jurisdiction of Federal and State Courts

C. The Jurisdiction of Courts

  1. Standing to Sue
  2. Jurisdiction
  3. Subject matter in personam
  4. Long arm statutes
  5. Venue

D. The Pretrial Litigation Process

  1. Pleadings
  2. Discovery
  3. Dismissals and Pretrial Judgments
  4. Settlement Conference

E. The Trial

  1. Jury selection
  2. Opening Statements
  3. The Plaintiff’s Case
  4. The Defendant’s Case
  5. Rebuttal and Rejoinder
  6. Closing Arguments
  7. Jury Instructions
  8. Jury Deliberation
  9. Entry of Judgment
  10.  

F. The Appeal

 

G. Alternative Dispute Resolution