3308Chap4outline

3308Chap4outline - 4 The Litigation Process Parties 0....

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Unformatted text preview: 4 The Litigation Process Parties 0. Plaintiff v. Defendant 1. Counterclaim- Counterplaintiff v. 2. Appellant v. Appellee 3. Petitioner v. Respondent 4. Third-Party Defendant Counterdefendant Standing To Sue 0. Allegations 0. Involves Case/Controversy 1. Personal Stake In Resolution 1. Adversarial Relationship Subject Matter Jurisdiction 0. Purpose- Court Have Authority? 1. General Jurisdiction- Authority To Hear Any Case 2. Limited- Authority To Hear Specific Kinds Of Cases 3. Diversity Of Citizenship 4. Federal Issues Personal Jurisdiction 5. Voluntary Submission To Court's PowerVenue 6. Summons 7. Long-Arm Statute- Out-Of-State Defendant, Due Process 0. Tort Committed Within State 1. Property Within State 2. Transaction Occurred Within State 8. Extradition Class-Action Suits 5. Filed On Behalf Of All With Similar Claim 6. Notice Given To All Members Of Class 7. Plaintiffs Pay Court Costs 8. Settlement 0. Benefits Class 1. Release All Claims Pre-Trial Procedures 0. Pleadings 1. Default 0. Complaint 1. Answer- Counterclaims Discovery 9. Purpose 10. 3. Lawsuit Based On Merits Of Case 4. Assist In Trial Preparation 5. Narrow Issues 6. Interrogatories 7. Request Production Of Documents 8. Deposition 9. Request For Admission Methods Motions 9. Question Of Law 10. Statute Of Limitations 11. Judgment On Pleadings or Summary Judgment 12. Affidavits 13. Frivolous Cases Trial 11. 12. 13. 14. 15. 16. 17. Jury Selection- Voir Dire Preemptory Challenges Opening Statement- Essential Facts Introduction Of Evidence Directed Verdict? Closing Arguments Jury Instructions Burden Of Proof 14. Burden/Responsibility Of Evidence 15. Criminal Cases- Beyond A Reasonable Doubt 16. Civil Cases 2. Preponderance Of Evidence 3. Clear & Convincing Proof Civil Case Decision 17. Judgment- In Favor Of Party That Won Jury's Verdict 18. Judgment Notwithstanding The Verdict- Posttrial Motion, Counter To Jury's Verdict Post-Trial 18. 19. 20. 10. Brief 11. Oral Argument 12. Judge/Justice's Opinion Appeals Procedure 13. Execution 14. Garnishment Deference To Trial Courts Enforcement Doctrine Of Res Judicata 21. ...
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This note was uploaded on 04/15/2008 for the course MANA 3308 taught by Professor Byronstuckey during the Spring '08 term at Dallas Baptist.

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