PowerPoint Slides to Accompany
CONTEMPORARY BUSINESS AND
ONLINE COMMERCE LAW
6th Edition
by Henry R. Cheeseman
Chapter 4
Judicial, Administrative,
Alternative, and Online Dispute
Resolution
Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.
The Pretrial Litigation Process
1. Pleadings
2. Discovery
3. Dismissals and
Pretrial Judgments
4. Settlement
Conference
Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.
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The Trial
 Pursuant to the Seventh Amendment to the U.S.
Constitution, a party to an action at law is
guaranteed the right to a jury trial in cases in
federal court.
 Most state constitutions contain a similar guarantee
for state court actions.
 If either party requests a jury, the trial will be by jury
 If both parties waive their right to a jury, the trial will
be without a jury.
Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.
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Phases of a Trial
1.
2.
3.
4.
5.
6.
7.
8.
9.
Jury Selection
Opening Statements
The Plaintiff’s Case
The Defendant’s Case
Rebuttal and Rejoinder
Closing Arguments
Jury Instructions
Jury Deliberation
Entry of Judgment
Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.
4-4
The Appeal
 In a civil case,
 either party can appeal the trial court’s decision,
 once a final judgment is entered
 In a criminal case,
 only the defendant can appeal
 Notice of appeal must be filed within a
prescribed time after judgment is entered to the
appropriate appellate court.
Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.
4-5
Alternative Dispute Resolution
(ADR)
 Nonjudicial means of resolving legal
disputes
 Developed in response to the expense
and difficulty of bringing a lawsuit
 ADR usually saves time and money of
costly litigation
Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.
4-6
Types of ADR
Arbitration
Mediation
Minitrial
Conciliation
Fact-Finding
Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.
Judicial Referee
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Key ADR Legislation
 Federal Arbitration Act
 Arbitration agreements involving commerce
are valid, irrevocable, and enforceable
contracts.
 Uniform Arbitration Act
 Adopted by half of the states
 Promotes the arbitration of disputes at the
state level
Copyright © 2009 by Pearson Prentice-Hall. All rights reserved.
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