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A court may render a binding decision whether or not it has jurisdiction over the dispute and parties to that dispute?
Wiki User
∙ 14y ago
No. A court must have jurisdiction (the legal right to hear a case) over the parties, subject matter, and territory in order to render a binding decision. In fact, the court must have appropriate jurisdiction just to hear the case.
Wiki User
∙ 14y ago
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What are the two types of jurisdiction that a court must have to hear a case and render a binding decision over the parties?
hat ar two type of juissdicton
What are two alternatives for resolving disputes?
Two alternative dispute resolution (ADR) methods are arbitration and mediation. Arbitration is where the dispute is given to a third party who makes a ruling on which party is correct. Arbitration may be binding or non binding depending on the agreement of the parties. The other method is mediation where the parties explain their dispute to a third party who works with both sides together to find a settlement to which both parties agree. The mediator makes no decision that binds the parties.
Do arbitrators render legally binding decisions?
yes, If the parties involved agree that the decision made will be legally binding
When parties are not compelled to comply with the arbitrators decision it is a?
non binding arbitration
What is the source of an arbitrator's authority to arbitrate?
The source of an arbitrator's authority comes from the parties to the dispute being arbitrated. Both parties agree that their dispute will be settled through arbitration rather than through litigation and they enter into a contract promising that the arbitration will be binding they will abide by the decision of the arbitrator. If one party refuses to honor the arbitrator's decision, the other party can go to court and have the court enforce the arbitration decision, but it won't have to litigate the actual dispute all over again.
When parties are not compelled to comply with arbitrators decision it is a?
non binding arbitration
When parties compel not to comply with the arbitrator decision it is a?
Non-binding arbitration
What is a way of settling a dispute in which both parties agree to abide by the decision of a third party called?
The term for such an agreement, where both parties agree to abide by a mediator's decision is often called arbitration. Or, in some circumstances, binding arbitration. This often seen in Union and management disagreements.
If there is a dispute over ownership of property would a state have diversity jurisdiction in personam jurisdiction in rem jurisdiction or no jurisdiction at all?
Diversity jurisdiction is a basis for federal courts to exercise jurisdiction if the parties to a civil cause of action are residents of different states and the amount in controversy is large enough to make use of federal resources practical. A state may legitimately exercise jurisdiction either if it has in rem jurisdiction over the property or in personam jurisdiction over all parties to the dispute.
Is arbitration formal?
Yes, arbitration is a formal though streamlined process. It is more streamlined that the standard litigation process. Never the less, the parties may choose whether the arbitration is to be binding or non-binding. If binding, the arbitrator's decision is final and the parties must comply with it. If non-binding, the parties may either accept the decision or reject it and pursue litigation.
Are tv judge shows decissions legally binding?
They are ordinarily binding but in a very different way to normal courts. Normal courts have jurisdiction over a dispute by virtue of the type of dispute regardless of whether the parties agree to the court's jurisdiction. But TV courts have jurisdiction only because the parties have agreed to bypass the normal court process and submit their dispute to that process. Generally therefore, with respect to TV courts, the parties agree to be contractually bound by the outcome. Failure to meet the court's order is subject to further proceedings for breach of contract, rather than contempt of court as it would be for an ordinary court. However, some places have passed legislation (usually called arbitration legislation) which gives greater enforceability to these sorts of dispute settlement processes. In such places you may find that enforcement of a TV court order is relatively similar to enforcement of a normal court order.
What is a Non binding arbitration?
In binding arbitration, the parties contractually agree that they will be bound and abide by the decision of the arbitrator. In non-binding arbitration, each party is free to reject the decision of the arbitrator and either do nothing or take the matter to court.
