Business Law

1-24-23
Heather Bailey
1. Process of judicial review (Appellate)
a. Determine if error was made
b. Transcript is reviewed
c. All other evidence reviewed
d. Parties submit written briefs to summarize evidence and issues
e. Possible actions of the reviewing court
i. Affirm- No reversible error and the decision stands
ii. Reverse- reversible error and the decision is reversed
iii. Remand- error that requires further proceedings
iv. Modify- change the ruling of the lower court
f. Statutory interpretation
i. Courts at the appellate level can review statutory application
ii. Can determine the scope of the statute
2. The doctrine of Stare Decisis
a. Process of judicial review
i. Judicial review and case precedent- the doctrine of stare decisis
1. Courts will follow previous decisions for consistency
2. Previous decisions are called precedent
ii. Interpreting precedent
1. Rule of law in the case is the precedent
2. Dicta is not the precedent
3. Dicta is the discussion of the relevant law
iii. Exceptions to stare decisis- when precedent may not be followed
1. Cases are factually distinguishable
2. The precedent is from another jurisdiction
3. Technology changes
4. Sociological, moral, or economic changes
3. Parties in the Judicial system
a. Plaintiffs
i. Initiate the lawsuit
ii. Called petitioners in some cases
b. Defendants
i. Alleged to have violated some right of the plaintiff
ii. Party named in the suit for recovery
c. Lawyer
i. Those who act as advocates for plaintiffs and defendants
ii. Have a fiduciary (acting on behalf of someone else) relationship with
clients
iii. Represent the client and see that procedures are followed
iv. Privilege exists with the client
1. Must keep what the client tells them confidential
 2. Exception is advance notice of a crime to be committed
d. Judges
i. Can control proceedings or outcomes
ii. Can be elected or appointed
e. Trial or Appellate
i. Trial judge presides over the trial
ii. Appellate judge hears the appeal from the trial court
4. Jurisdiction
a. The authority of a court to hear a case
b. Types of Jurisdiction
i. Subject matter jurisdiction is jurisdiction over the subject matter of the
case
ii. In personam jurisdiction is jurisdiction over the parties in a case
5. Federal court system
a. Federal district court
i. General trial court of federal system
b. Limited jurisdiction
i. Law of the land will be applied to the case
c. Structure of federal district court
i. 94 federal district courts
1. Each state has at least one
2. Number of districts is determined by population
d. Supreme Court
i. Must decide to review cases
1. Issues writs of certiorari on those cases it will review; determined
by the rule of four
ii. Has original jurisdiction for
1. Disputes between and/or among states
2. Charges of espionage or ambassadors and foreign consuls
iii. 9 judges with a lifetime appointment
e. Venue
i. Location of the court within the system
ii. In criminal cases it can change from the location of the crime to another
court is press coverage is excessive
iii. Civil venue is often where the defendant resides or where the cause of
action occurred
6. In Personam Jurisdiction of Courts: The Authority over Persons
7. The International Courts
a. International Court of Justice (ICJ)
i. Part of the UN
ii. Jurisdiction is contentious (parties must agree to submit to dispute)
b. EU Courts
i. Courts of Justice of European Communities
ii. European Court of Human Rights
 c. Inter-American Court of Human Rights
d. Opinion Found in International Law Reports
8. Alternative Dispute Resolution
a. Arbitration: oldest form of ADR
i. Parties submit grievances and evidence to a third-party expert in an
international setting
ii. American Arbitration Association provides many arbitrators and rules
b. Mediation
i. Parties use a go-between to negotiate and communicate
1. Used in international transactions
2. Mediator can offer suggestions for resolution
3. Not binding
c. Medarb
i. Recent creation in which the arbitrator first attempts to mediate a
settlement
ii. If unsuccessful, the case goes to arbitration