Dispute Resolution
Structure Of The Legal System
The legal system in the United States is built on several sources of law, including constitutional law, statutory law (laws passed by Congress or state legislature), agency law (laws relating to commercial or contractual dealings), maritime law (laws governing the high seas), and common law.
Common law - is a system of laws based on decisions made in court cases. These decisions set legal precedents, which serve as models for deciding similar cases in the future. At the base of our common law legal system are the courts. The court holds judicial proceeding to hear and decide matters according to the law.
THE COURTS
There are many types of courts- federal, state, and local. Each court is empowered to decide certain types or classes of cases. This power is called jurisdiction, which is the legal authority to hear decide a case. Trial courts are said to have original jurisdiction because they are the first court to hear a case. Appellate courts are said to have appellate jurisdiction, or the authority to review the judgment of lower courts.
COURT CASES
Legal matters are also classified as either civil or criminal. A civil case involves one person who has a dispute with another person or entity. For example, matters of divorce, estate settlement, or torts (civil violations that result in damages or injuries to others) would be settled in a civil proceeding. A criminal case involves a government unit who is accusing an individual of committing a crime. When a law has been broken a prosecutor files criminal charges against the accused person. In this country, a person is presumed innocent until proven guilty.The losing parties may appeal the decisions of a civil or criminal court if they believe the court made an error in applying the law. The appellate court reviews decisions of lower courts.
COURT PERSONNEL
Our federal and state court systems require many people to operate efficiently.
THE THREE-TIERED COURT SYSTEM
Both the state and the federal levels have a three-tiered court system. It starts with the trial court level. Cases are then appealed to the appellate court level, and finally cases can be appealed to the supreme court level.
THE FEDERAL COURT SYSTEM
The authority of federal courts comes directly from the U.S. Constitution and the laws enacted by Congress. The federal courts hear matters that concern the nation as a whole. These matters pertain to constitutional rights, civil rights, interstate commerce, patents and copyrights, federal taxes, currency, and foreign relations.
SPECIAL FEDERAL COURTS
Congress established special courts to hear only particular kinds of cases. These special federal courts include the Court of Claims, Customs Court, Court of International Trade, Tax Court, Court of Military Appeals, and the territorial courts. If you want to sue the United States, you would file a claim in a U.S. district or special federal court.
STATE COURT SYSTEMS
The state court system handle the greatest share of legal matters because the U.S. Constitution sets limits on the federal system. The Tenth Amendment to the Constitution grants each state the sovereign power to enact and enforce state laws. Issues that can be heard in either state or federal courts are said to be under concurrent jurisdiction. In such cases, the law allows you to choose where to file your case, in either a state or federal court. Like the federal court system, state court systems also have three tiers.
The lowest state courts are found at the city or county level. These courts may also be called municipal or justice courts. Courts at this level have authority limited by geographic boundaries. Civil and criminal cases are heard at the local level. However, civil cases must be for small amounts only.
COURT PROCEEDINGS
contingency-fee - attorneys receive fees only if you win the case
statute of limitations - is a legally defined time limit in with a lawsuit may be filed for various complaints.
PLEADINGS
complaint - a document outlining the issues of the case and the relief (damages) that the plaintiff requests
plaintiff - the person who brings a lawsuit by filing the complaint
defendant - the person against whom the lawsuit is filed
counterclaim - a accusation that the plaintiff is at fault and should pay damages to the defendant
DISCOVERY
In the discovery phase, attorneys gather information, talk to witnesses, prepare legal arguments, take depositions, perform investigations, examine reports, and negotiate with the opposing party. The purposes of discovery are (1) preserve evidence, (2) to eliminate surprise, and (3) to lead to settlement.
deposition - a sworn statement of a witness that is recorded and often videotaped to preserve the memory of the issues at hand
TRIAL
verdict - the decision the jury deliberates, or carefully considers the arguments of both sides
preponderance - deciding civil cases, the burden of proof
judgment - is the final court ruling that resolves the key issues and establishes the rights and obligations of each party
appeal - is a request to a higher court to review the decision of a lower court
SELF-HELP REMEDIES
Lawsuits are lengthy, expensive, and emotionally draining. If you have a consumer problem, you should pursue a settlement yourself before deciding to sue. In many cases, when you approach the other person with your side of the dispute, you can resolve the issue without taking further action.
INFORMAL DISCUSSION
Whenever you have a dispute, start talking. Contact the retailer, seller, or other party with whom you have the dispute. Describe the situation and your proposed remedy. Listen carefully to the other side and look for ways to settle the argument so that both sides have their interests met.
WITHHOLDING PAYMENT
As a consumer, you can withhold payment in a purchase dispute. This assumes you have the merchandise but have not yet paid for it. However, you must put you complaint in writing right away and explain the reason why you are withholding payment on the disputed amount. You cannot have double remedies; that is, you cannot both keep the merchandise and withhold payment.
RETURNING OR REFUSING MERCHANDISE
You can refuse delivery or return merchandise to the seller. Even if the seller refuses to accept it back, you can leave it at the store or other business location. In some cases, you can mail it back or have it delivered back to the business. Be sure to get and keep any receipts or other evidence that the goods were returned. This is proof that you have not benefited from having something for which you are refusing to pay.
DISPUTING A CHARGE
Disputing a charge generally means that you are asking the credit issuer to reverse the charge on your account. To dispute a charge, you must follows procedures outlined by the credit issuer. The law requires the seller to respond to your complaint within a reasonable time limit. You should pay all other amounts due as agreed. Your credit should not be damaged if you follow the proper procedures for disputing credit charges.
small claims court - is a court of limited jurisdiction
class-action lawsuit - is one in which a number of people with similar complaints against the same defendant join together to sue
GOVERNMENTAL ASSISTANCE
You may wish to seek help from a government agency to stop some objectionable practice and help you get your money back. These types of cases often benefit all consumers by protecting them from fraudulent business practices. Most states have attorney general offices with consumer protection services available to consumers in the state. You may be able to file a complaint online.
Alternative dispute resolution (ADR) - is a general term covering several other formal methods of settling disputes without using the court system
Negotiation - is the process of finding a solution that is acceptable to both sides
Mediation - is a dispute resolution method in which an independent third person, a mediator, helps the parties to reach a solution in a controlled environment
Arbitration - involves an independent third person, called an arbitrator , who helps resolve the dispute
Binding arbitration - the arbitrator makes a decision that is binding on the parties
Unfair labor practice (ULP) - which is form
The legal system in the United States is built on several sources of law, including constitutional law, statutory law (laws passed by Congress or state legislature), agency law (laws relating to commercial or contractual dealings), maritime law (laws governing the high seas), and common law.
Common law - is a system of laws based on decisions made in court cases. These decisions set legal precedents, which serve as models for deciding similar cases in the future. At the base of our common law legal system are the courts. The court holds judicial proceeding to hear and decide matters according to the law.
THE COURTS
There are many types of courts- federal, state, and local. Each court is empowered to decide certain types or classes of cases. This power is called jurisdiction, which is the legal authority to hear decide a case. Trial courts are said to have original jurisdiction because they are the first court to hear a case. Appellate courts are said to have appellate jurisdiction, or the authority to review the judgment of lower courts.
COURT CASES
Legal matters are also classified as either civil or criminal. A civil case involves one person who has a dispute with another person or entity. For example, matters of divorce, estate settlement, or torts (civil violations that result in damages or injuries to others) would be settled in a civil proceeding. A criminal case involves a government unit who is accusing an individual of committing a crime. When a law has been broken a prosecutor files criminal charges against the accused person. In this country, a person is presumed innocent until proven guilty.The losing parties may appeal the decisions of a civil or criminal court if they believe the court made an error in applying the law. The appellate court reviews decisions of lower courts.
COURT PERSONNEL
Our federal and state court systems require many people to operate efficiently.
- The judge is the presiding officer in the court and is either elected or appointed. Attorneys are usually selected by the parties in the dispute but are sometimes appointed by the court. For example, if you are accused of a crime and cannot afford an attorney, an attorney called a public defender will be appointed to help you present your case.
- The court clerk enters cases on the court calendar and keeps an accurate record of the proceedings. The clerk also accepts, labels, and safeguards all items of evidence; administers the oath to witnesses and jurors; and sometimes approves bail bonds and computes the costs involved.
- The court reporter keeps a word-by-word record of the trial, usually through the use of a special recording machine. These trial records are available to each attorney and are used for appeals.
- The bailiff maintains order in the courtroom at eh instruction of the judge. He or she also is the conduit between the judge and the jury and other members of the court.
- The jury is a body of citizens sworn by a court to hear the fats submitted during a trial and to render a verdict. While a judge decides issues of law, the jury decides issues of fact (guilt or innocence). A trial jury consists of not more than 12 people. A juror must be of legal age, a resident, and able to see and hear. Jurors are chosen from a list of local citizens- usually from tax or voter rolls or from motor vehicle registration records.
THE THREE-TIERED COURT SYSTEM
Both the state and the federal levels have a three-tiered court system. It starts with the trial court level. Cases are then appealed to the appellate court level, and finally cases can be appealed to the supreme court level.
THE FEDERAL COURT SYSTEM
The authority of federal courts comes directly from the U.S. Constitution and the laws enacted by Congress. The federal courts hear matters that concern the nation as a whole. These matters pertain to constitutional rights, civil rights, interstate commerce, patents and copyrights, federal taxes, currency, and foreign relations.
SPECIAL FEDERAL COURTS
Congress established special courts to hear only particular kinds of cases. These special federal courts include the Court of Claims, Customs Court, Court of International Trade, Tax Court, Court of Military Appeals, and the territorial courts. If you want to sue the United States, you would file a claim in a U.S. district or special federal court.
STATE COURT SYSTEMS
The state court system handle the greatest share of legal matters because the U.S. Constitution sets limits on the federal system. The Tenth Amendment to the Constitution grants each state the sovereign power to enact and enforce state laws. Issues that can be heard in either state or federal courts are said to be under concurrent jurisdiction. In such cases, the law allows you to choose where to file your case, in either a state or federal court. Like the federal court system, state court systems also have three tiers.
- District and Circuit Courts. General trial courts, often called state district courts, circuit courts, or superior courts, decide matters that can be appealed to higher courts. These courts hear civil cases involving large sums of money, criminal matters with major penalties, and cases that are appealed from local courts whose decisions are questionable. Judges at this level are usually appointed by the state governor, although some may be elected ion state or local ballots.
- State Courts of Appeal. Most states also have an appellate court level, where trials at the state level can be appealed. A panel of judges renders a decision or refuses to hear the cases, whereupon they may be appealed to the next level.
- State Supreme Court. In most states, the highest court is the state supreme court, sometimes called the court of final appeal. Ordinarily, the state supreme court has appellate jurisdiction. The decision of a state supreme court is final, except in cases involving the federal Constitution, laws, and treaties. These decisions can be appealed from the state supreme court to the U.S. Supreme Court.
The lowest state courts are found at the city or county level. These courts may also be called municipal or justice courts. Courts at this level have authority limited by geographic boundaries. Civil and criminal cases are heard at the local level. However, civil cases must be for small amounts only.
COURT PROCEEDINGS
contingency-fee - attorneys receive fees only if you win the case
statute of limitations - is a legally defined time limit in with a lawsuit may be filed for various complaints.
PLEADINGS
complaint - a document outlining the issues of the case and the relief (damages) that the plaintiff requests
plaintiff - the person who brings a lawsuit by filing the complaint
defendant - the person against whom the lawsuit is filed
counterclaim - a accusation that the plaintiff is at fault and should pay damages to the defendant
DISCOVERY
In the discovery phase, attorneys gather information, talk to witnesses, prepare legal arguments, take depositions, perform investigations, examine reports, and negotiate with the opposing party. The purposes of discovery are (1) preserve evidence, (2) to eliminate surprise, and (3) to lead to settlement.
deposition - a sworn statement of a witness that is recorded and often videotaped to preserve the memory of the issues at hand
TRIAL
verdict - the decision the jury deliberates, or carefully considers the arguments of both sides
preponderance - deciding civil cases, the burden of proof
judgment - is the final court ruling that resolves the key issues and establishes the rights and obligations of each party
appeal - is a request to a higher court to review the decision of a lower court
SELF-HELP REMEDIES
Lawsuits are lengthy, expensive, and emotionally draining. If you have a consumer problem, you should pursue a settlement yourself before deciding to sue. In many cases, when you approach the other person with your side of the dispute, you can resolve the issue without taking further action.
INFORMAL DISCUSSION
Whenever you have a dispute, start talking. Contact the retailer, seller, or other party with whom you have the dispute. Describe the situation and your proposed remedy. Listen carefully to the other side and look for ways to settle the argument so that both sides have their interests met.
WITHHOLDING PAYMENT
As a consumer, you can withhold payment in a purchase dispute. This assumes you have the merchandise but have not yet paid for it. However, you must put you complaint in writing right away and explain the reason why you are withholding payment on the disputed amount. You cannot have double remedies; that is, you cannot both keep the merchandise and withhold payment.
RETURNING OR REFUSING MERCHANDISE
You can refuse delivery or return merchandise to the seller. Even if the seller refuses to accept it back, you can leave it at the store or other business location. In some cases, you can mail it back or have it delivered back to the business. Be sure to get and keep any receipts or other evidence that the goods were returned. This is proof that you have not benefited from having something for which you are refusing to pay.
DISPUTING A CHARGE
Disputing a charge generally means that you are asking the credit issuer to reverse the charge on your account. To dispute a charge, you must follows procedures outlined by the credit issuer. The law requires the seller to respond to your complaint within a reasonable time limit. You should pay all other amounts due as agreed. Your credit should not be damaged if you follow the proper procedures for disputing credit charges.
small claims court - is a court of limited jurisdiction
class-action lawsuit - is one in which a number of people with similar complaints against the same defendant join together to sue
GOVERNMENTAL ASSISTANCE
You may wish to seek help from a government agency to stop some objectionable practice and help you get your money back. These types of cases often benefit all consumers by protecting them from fraudulent business practices. Most states have attorney general offices with consumer protection services available to consumers in the state. You may be able to file a complaint online.
Alternative dispute resolution (ADR) - is a general term covering several other formal methods of settling disputes without using the court system
Negotiation - is the process of finding a solution that is acceptable to both sides
Mediation - is a dispute resolution method in which an independent third person, a mediator, helps the parties to reach a solution in a controlled environment
Arbitration - involves an independent third person, called an arbitrator , who helps resolve the dispute
Binding arbitration - the arbitrator makes a decision that is binding on the parties
Unfair labor practice (ULP) - which is form