Choice of forum factors
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1. Costs of litigation
2. Knowledge of the bench
3. Sympathetic juries
4. Availability of appellate process
5. Length of litigation
,How the law develops
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Local court? No -->
State trial court --> State appellate court --> State's highest appellate court
--> Supreme Court
Or
US District Courts --> US courts of appeal --> Supreme court
Common law
If an appellate court affirms or reverses the decision of the trial court, the
appellate court sets precedent
Informal ADR
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The most basic form of ADR when the parties attempt to resolve their
differences and arrive at a mutually agreeable solution without the use of a
formal process
Stages of trial
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, 1. Jury selection (voir dire)
2. Opening statements
3. Direct examination
First questioning of a witness during a trial, in which the witness is
questioned by the attorney for the party presenting the witness
4. Cross examination
The opportunity for an attorney to ask questions in court
5. Closing arguments
6. Changing the jury
7. Deliberations
8. Verdict
9. Sentencing (criminal only)
Heart of Atlanta Motel v. US
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Federal ban on racial discrimination in a privately owned hotel and motels
was permitted under the Commerce Clause because discrimination in
private accommodations discourages interstate travel.
Limits on free speech
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, Courts may place reasonable restrictions on the time, place, and manner of
political expression in cases where life may be threatened
Intrastate Commerce
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Purely a local activity
Congress can regulate if the activity produces in the aggregate a
substantial economic effect on interstate commerce
Federal Courts- District Courts
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Serve the same function as state trial courts, but for issues involving federal
civil or criminal matters involving state law when the parties are from
different states and meet other jurisdictional requirements
Due process clause
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5th & 14th amendments
Protects individuals from being deprived of "life, liberty, or property"
without due process of law
Purposes:
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1. Costs of litigation
2. Knowledge of the bench
3. Sympathetic juries
4. Availability of appellate process
5. Length of litigation
,How the law develops
Give this one a try later!
Local court? No -->
State trial court --> State appellate court --> State's highest appellate court
--> Supreme Court
Or
US District Courts --> US courts of appeal --> Supreme court
Common law
If an appellate court affirms or reverses the decision of the trial court, the
appellate court sets precedent
Informal ADR
Give this one a try later!
The most basic form of ADR when the parties attempt to resolve their
differences and arrive at a mutually agreeable solution without the use of a
formal process
Stages of trial
Give this one a try later!
, 1. Jury selection (voir dire)
2. Opening statements
3. Direct examination
First questioning of a witness during a trial, in which the witness is
questioned by the attorney for the party presenting the witness
4. Cross examination
The opportunity for an attorney to ask questions in court
5. Closing arguments
6. Changing the jury
7. Deliberations
8. Verdict
9. Sentencing (criminal only)
Heart of Atlanta Motel v. US
Give this one a try later!
Federal ban on racial discrimination in a privately owned hotel and motels
was permitted under the Commerce Clause because discrimination in
private accommodations discourages interstate travel.
Limits on free speech
Give this one a try later!
, Courts may place reasonable restrictions on the time, place, and manner of
political expression in cases where life may be threatened
Intrastate Commerce
Give this one a try later!
Purely a local activity
Congress can regulate if the activity produces in the aggregate a
substantial economic effect on interstate commerce
Federal Courts- District Courts
Give this one a try later!
Serve the same function as state trial courts, but for issues involving federal
civil or criminal matters involving state law when the parties are from
different states and meet other jurisdictional requirements
Due process clause
Give this one a try later!
5th & 14th amendments
Protects individuals from being deprived of "life, liberty, or property"
without due process of law
Purposes:
