August 28, Judicial Procedure

August 28, Judicial Procedure - a. Jury is told what the...

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August 28, 2007 Judicial Procedure 1. Stages of a Lawsuit a. Pleadings i. Complaint & Summons ii. Answer or motion to Dismiss (Demurrer) 1. Dismiss means no trial will be held iii. Default Judgement b. Discovery (can take a year or more) i. Deposition ii. Interrogatories 1. Lawyers present a set of written questions to witnesses and other parties 2. These are usually in an Admit or Deny fashion. 3. They are under oath iii. Request for Admission iv. Request for Documents c. Summary Judgment i. Based on answers in the discovery phase, the judge can dismiss a case d. Trial i. Pretrial hearing ii. Jury or Non-Jury iii. Trial 1. Opening Statements 2. Evidence (Burden of Proof) 3. Closing Argument
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4. Jury instructions
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Unformatted text preview: a. Jury is told what the law is in the case 5. Verdict Judgement a. This is where the jurors make their decision b. The judge can totally reverse the jurors decision c. e. Appeal i. Record of Appeal Abstract ii. Appellate Briefs iii. Oral Argument iv. Affirm, Reverse Remand f. Enforcement of Judgement i. Need to get the judgement in writing ii. If they do not pay, you must seize their assets 1. Go to the sheriff and sheriff says go find out their assets 2. Another court finds out his assets, and he needs to pay them. 3. Writ of execution, means the court finds a way to execute the judgement....
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This note was uploaded on 05/20/2008 for the course MGMT 246 taught by Professor Apke during the Spring '08 term at CSU Fullerton.

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August 28, Judicial Procedure - a. Jury is told what the...

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