Jan 20 Comm 403 - How a case works its way through the...

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How a case works its way through the system-- Civil Law. Civil lawsuit-- we are seeking damages. 1. File complaint-- identifies parties in the case, relevant facts, causes of action (legal theories upon what lawsuit is based.) The complaint has all of the allegations, it is filed with the court clerk and stays in the court's files. As the plaintiff, you have to issue a copy to the defendant-- served with the complaint. 2. The defendant responds in one of several different ways. They answer. It generally denies all of the allegations. The answer is a responsive pleading to the complaint. Another copy is generally sent via mail back to plaintiff. “does” are placeholders for the writers, etc. 3. A judge only in the trial is called A Bench Trial because the judge sits behind the bench. The bar is where the attorney's would sit. Starts out where, in trial courts- fact finding courts. Evidence will be admitted, witnesses will come in, sources will testify. Then the jury is given a set of instructions-- law of liable, and law of right to publicity and they would be asked to apply those laws to the facts of the case. Only the facts that have been admitted. 4. Appellate courts- no new evidence, no new facts coming in. They are only looking for mistakes of law. Perhaps the judge gave the jury wrong instructions or let in evidence that was not supposed to come in. They also look to see if correct law was given and if the jury applied it correctly. They can't base their judgments on passion and prejudice. Trial courts hear new facts, apply the law. Appellate courts deal with errors of law. No new witnesses, no new evidence. 5. Discovery process-- after complaint and answer have been filed. Each side tries to discover as much as possible about the other side. There are mechanisms thorough which we try to discover as much as possible abut the other side. 1.
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This note was uploaded on 02/20/2009 for the course COMM 403 taught by Professor Halstuk during the Spring '08 term at Pennsylvania State University, University Park.

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Jan 20 Comm 403 - How a case works its way through the...

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