Dispute Resolution, Litigation, and Evidence
Jurisdiction and Procedure
Understand subject-matter jurisdiction, personal jurisdiction under minimum contacts, venue, and removal. Know the pleading standards, motions to dismiss, summary judgment, and the scope of discovery including privilege and proportionality limits. Study the final judgment rule and the bases for appeal.
Alternative Dispute Resolution
Compare negotiation, mediation, arbitration, and litigation. Understand the enforceability of arbitration clauses, the limited grounds for vacating awards, and the difference between binding and nonbinding processes. Know that mediation is generally confidential and nonadjudicative.
Evidence
Master relevance and its limits, including unfair prejudice. Know character evidence and its exceptions, impeachment methods, hearsay and its exemptions and exceptions (present sense impression, excited utterance, business records, public records, then-existing condition), and the confrontation limits in criminal cases. Understand authentication, best evidence, lay versus expert opinion, and privilege.
Traps and Rule of Thumb
Traps: assuming a statement is hearsay when offered for a non-truth purpose; treating an arbitration award as appealable on the merits; confusing summary judgment standards with trial burdens. Rule of thumb: for every out-of-court statement, ask the purpose. If it is offered to prove what it says, it is hearsay; if for effect on the listener or notice, it is not.