Resolving Construction Disputes Through Arbitration - An Overview of Tanzanian Legal Framework
Chapter 3. Purpose: Solving legal disputes and upholding legal rights.
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Transcript of Chapter 3. Purpose: Solving legal disputes and upholding legal rights.
Chapter 3
Purpose: Solving legal disputes and upholding legal rights
• Goal To provide reasonable consistency and
neutrality to eliminate bias • Court
place where facts are determined and rules applied
• LitigationActual lawsuits; take dispute to court and
going through the legal procedures.Some cases do get settled out of court
Jurisdiction: authority to decide certain types of cases • original: hears cases for the first time • general: hears all types of cases • limited (exclusive): one particular type of
case (divorce, juvenile, traffic) • appellate: cases on appeal
• Always limited by geographic location (if you get a ticket in Wisconsin, your court date will be in Wisconsin)
• Venue – the proper place to bring a lawsuit – venue has been changed in cases due to bias - JOHN WAYNE GACY
Trial Courts- determine facts of disputes hear evidence for the first time.Hears witnesses testify & reviews other
evidence to determine facts of the case• Original Jurisdiction, entry level court• Can have general or limited subject
matter jurisdiction• Judges, lawyers, clerks, bailiffs (keep
peace & summon witnesses) Marshals do the same in federal courts
Appellate Courts – review decisions of lower courts; review transcripts • transcripts are verbatim records of what went
on in the trial – ct. reporter • do not hear new evidence or make new
determination of facts• was the law correctly applied in the lower
courts? • Prepare Appellate Briefs – written arguments
on the issues of law
State Supreme Court – determines the outcome of any issue disputed within the state’s border
No appeal from here unless: Matter of national interest Constitutional issueTinker vs. Des Moines
US District Court US Court of Appeals US Supreme Court Supreme Court Justice are appointed by the
President and have no term limit i.e., Justice Sonia Sotomayor was appointed by
President Obama this summer and confirmed by the Senate
U.S. Supreme Court
13 U.S. Courts of Appeals
StateSupremeCourts
U.S. DistrictCourts
SpecializedFederalCourts
Many FederalAgencies
• Original jurisdiction • Geographic jurisdiction
• decision is usually final • appeal is usually from the US District Courts
• Usually only hears Constitutional issues “significantly important”;
• Has appellate jurisdiction • Ability to review and change outcomes of lower
courts
• “write of certiorari” orders the state ct. to overturn the record of the case to the SC for review
• Jury selection (voir dire) - questioning of prospective jurors to expose possible bias
• People involved in the process include a judge, defense's attorneys, plaintiff's/prosecuting attorneys
• Reason for jury selection is to determine if a potential juror's experience makes him or her unable to be fair during a trial
• Challenges for Cause - no limit for excusing juror FOR CAUSE
• Preemptory Challenge - excuse potential juror for no reason. There is a limit on this:6 in Civil cases8 in Criminal cases
• To be exempt from jury duty:non-citizen, minor, convicted criminal, lived in
state less than 1 year, or cannot read/write Englishcan be temporarily excused
• Judge determines questions of law• Jury determines questions of fact
• The Pleadings (beginning process before a trial date is set)Complaint - file a complaint with the proper
court. States the charges being made and outlines the facts supporting the lawsuit.
Summons - defendant is served. Defendant is notified of lawsuit and this notice is delivered directly to the defendant by a process server.
Answer - defendant must file a written answer. Defendant may not admit/deny plaintiff's charges. This leaves the "burden of proof" with the plaintiff.
Reply - plaintiff must submit a reply. This is also called the "pre-trial hearing" or "discover"
Purpose of The Pleadings:inform the parties of claims against themnarrows down the points of dispute (issues) of
the parties
Judgment by default - when the plaintiff does not show up to court
Out of Court Settlement (usually at Discovery) - saves time and expense of a trialmediator - a third party brought in to find a
fair solution, finds voluntarily agreement on both sides
arbitrator - same function as a mediator BUT both sides MUST agree, decision can be legally forced
Subpoena - must appear in court to testify