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Mendez Draham

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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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posted:9/25/2012
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