Bul Worksheet

Topics: Common law, Civil procedure, Court Pages: 5 (620 words) Published: January 27, 2013
Worksheet #1

Coverage: Classifications of Law; Sources of Law, Court System, Litigation Process. Alternative Dispute Resolution & Managing Lawyers

LAW CLASSIFICATIONS

Substantive and Procedural Law
– Substantive
– Procedural
– Importance of Procedure Rules (R.E. Development Example) Public and Private Law
– Public
– Private
– Common Law?
Civil , Criminal Law, and Administrative Law
– Civil
– Criminal
– Administrative Law
Burden of Proof
– Civil
– Administrative
– Criminal
Remedies
– Legal
– Equitable
14
SOURCES & HIERARCHY OF LAW
Sources of Law
– Constitutional Law
– Common Law (judge-made law)
– Statutory Law
– Administrative Law
Hierarchy
– U.S. Constitution
– Treaties & Federal Statutes
– Federal Common Law (public law only!)
– Federal Administrative Law (Regulations)
– State Constitutions
– State Administrative Law
– State Common Law (public & private)
Key Concepts
– Most Business Law still regulated by common law
– Doctrine of Stare Decisis
– Preemption Doctrine
– Judicial Review
– Congress writes really bad statutes!
THE COURT SYSTEM
Federal Courts & State Courts
General vs. Specific Jurisdiction (general vs. specialized courts) – Exclusive Federal Jurisdiction
Unlimited vs. Limited Jurisdiction
Concurrent Jurisdiction
15
Trial vs. Appellate Courts
Determining the Jurisdiction of a Court (or Where do I sue?
– Subject Matter Jurisdiction (see above)
– Personal Jurisdiction (see below)
Personal Jurisdiction
– General vs. specific/special
– Service of Process (Geographic or Rules of Civil Procedure) – Due Process Tests
(i) Minimum Contacts (specific)
(ii) Resident or Incorporated or Principle Office or Doing Business (general) (iii) Long-Arm Statutes (specific)
In Rem Jurisdiction
Venue
o Change of venue
o Forum non conveniens
Internet Jurisdiction
o Zippo’s Sliding Scale
State Trial Courts (unlimited jurisdiction)
Federal Trial Courts (District Courts) (limited jurisdiction o Federal Question
o Diversity
Corporations: Executive offices; income tax return; or total activity test Appellate Courts
o Questions of Fact vs. Law
o US Supreme Court
Writ of Certiorari
16
o Court of Appeals (Circuit Courts)
Geographical (Florida, Ga., Ala., 11th Cir.)
Federal Circuit Court (specialized appellate court)
o Specialized Courts
Federal
State
Florida Courts
o Supreme Court
o District Court of Appeals (5)
Tallahassee, Lakeland, Dade, Palm Beach, Daytona Beach o Circuit Courts (20) (trial court; appeals from County Courts) Dade (11th), Broward (17th), JAX (4th), Alachua (8th), Ocala (5th) o County Courts (trial court, $15,000 or <)

Small Claims Court
Applicable
o Choice of Law Clause
Public Policy
o Conflict of Law Rules
Contract
Tort
LITIGATION
Standing
Summons & Complaint (service of process)
o Allegations
o Cause of action
o Remedy
17
Answer
o Allegations
o Affirmative Defenses
o Counter Complaints
o Third-Party Complaint
Reply
Motions
o Motion to Dismiss (no jurisdiction or claim)
o Motion for Judgment on the Pleadings
o Motion to Compel Discovery
o Motion for Summary Judgment (no facts in dispute)
o Motion for a Directed Verdict
o Judgment NOV
Jury v. Bench Trial
Jury Trial
o Challenges
Discovery
o “electronically stored information”
o Problem of metadata
Appeals
o Affirm, reverse, remand
Enforcement of Judgment
Other Issues
o Attorney-Client Privilege
Sarbanes-Oxley
o Work Product Rule
18
o Accountant-Client Privilege
IRS §7525
o Class Actions Lawsuits
o Document Retention
Pending action
No selective destruction
ALTERNATIVE DISPUTE RESOLUTION
Negotiation
Assisted Negotiation
o Mini-Trial
o Summary Jury Trial
n Mediation
Arbitration
Arbitration Clauses
o Federal Arbitration Act
o New York Convention
o Issue of Arbitrability (scope)
Pros & Cons of Arbitration
Appealing Arbitration Awards
Choice of Law or No Law! (ex aequo et...
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