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Chapter I Modern Dispute Resolution: Litigation and Its Alternatives The US Judicial System: Art. III Courts • The Federal System (simplified): – United States District Courts (at least one in each state and one in the DC) • We are in the Central District of California – United States Courts of Appeals (eleven numbered circuits and one in the DC) • We are in the Ninth Circuit – United States Supreme Court The US Judicial System: State Courts • Generic State System (California Model) – Trial Court (Superior Court) – Intermediate Appellate Court (Court of Appeal) – Court of Last Resort (Supreme Court) – United States Supreme Court (on questions of federal law) The Litigation Process (pages 8-24) 1. A Lawyer’s Ethical Obligation 2. Jurisdiction Over Defendants 3. Service of Process on Defendants 4. Subject Matter Jurisdiction 5. Venue and Change of Venue 6. Governing Law 7. Pleading and Discovery 8. Joinder of Claims and Parties 9. Class Actions 10. Adjudication without Trial 11. Trial 12. Appellate Review 13. Binding Effect of a Judgment Alternatives to Civil Litigation • Arbitration – Binding Mandatory or – Nonbinding Voluntary • Mediation • Settlement “Mandatory” Devices Emeronye v. CACI Int’l, Inc. • What is the plaintiff’s basic claim against the defendant? • In what court is the case filed? Why? • What is a Rule 12(b)(1) motion? • What is the defendant’s basic argument in support of that motion? • What law & what facts are relevant to defendant’s argument? • How does defendant’s argument pertain to “subject matter jurisdiction?” Emeronye v. CACI Int’l, Inc. • Plaintiff’s response: – Scope of the FAA – text – Adhesion contract – precedent – No clear waiver of statutory rights – Dismissal not permitted under FAA Notes & Questions 1. Mediation and arbitration. 2. Enforceability of arbitration provisions. 3. Arbitration awards as judgments. 4. Post-incident ADR agreements Johnson v. Saenz • What is the nature of the substantive claim filed by the plaintiff? • Note Ill. Sup. Ct. rule 86 (not in opinion) requires nonbinding arbitration in this case. • What was decided at the arbitration hearing? • Why did the trial court refuse to allow the defendant to reject the “nonbinding” award to the plaintiff? Johnson v. Saenz • Under what standard does the appellate court review the trial court’s decision? • On what basis did the appellate court reverse the decision of the trial court? • How was application of the “review” standard informed by the policies underlying the arbitration program? Notes and Questions 1. A party’s personal appearance. 2. Good-faith participation and sanctions. 3. Arbitration and settlement. 4. Allocating costs. The Lawyer’s Responsibility in Procedure “The privilege of being a lawyer … carries with it a range of profound professional and ethical responsibilities.” The Lawyer’s Responsibility in Procedure • Competence in procedure • Procedure as a system of justice • Duty to provide services to those who cannot afford them • Duty to work toward the improvement of the system of justice Self Interest: Avoiding Sanctions • Inherent power of courts • Statutes • Formal Court Rules – Rule 11(and its counterparts) Mendez v. Draham • The “recidivist” violator of Rule 11 who substitutes “mouse clicks” for legal judgment • Note “priors” • Malat files a 392 page, 1020 paragraph civil rights complaint • The defense files two motions. What are they? Mendez v. Draham • What is the significance of Rule 8 to the defendant’s motions? – Short & plain statement – The problem of prolixity – The principle of notice pleading – Remedy for violation? Mendez v. Draham • What is the significance of Rule 11(c) to the defendant’s motions? – Safe harbor – Potential sanctions – Applied • Frivolous Claims (11th Amendment) – Remedy Notes and Questions 1. Know the rules. 2. “Rule 11” and the states. 3. Growth and controversy. 4. Attorney discipline.
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