The_Litigation_Process - The Litigation Process 1 The...

Info icon This preview shows pages 1–9. Sign up to view the full content.

View Full Document Right Arrow Icon
1 The Litigation Process
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
2 The Adversarial System Adversarial System: parties are largely in control of their own case; they conduct the research, argue legal doctrines, etc. Inquisitorial System: judges and public servants take leading roles in disputes and have more control over the issues, research, etc.
Image of page 2
3 A Dispute Arises Thomas was shopping one day in J.Crew. Sandra works for J.Crew. Thomas, who wears a size 32 waist decided to try on a pair of size 30 waist shorts. When Sandra went to unlock a dressing room for Thomas, Sandra said to him, “I’ll go ahead and grab the next size up for you. You’ll never be able to fit your fat butt in those shorts.” Thomas was already very concerned about his weight and was traumatized by the experience. If he wants to sue, what process must Thomas go through?
Image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
4 Pleadings Thomas files complaint/petition Document that explains who Thomas is suing (J.Crew and/or Sandra), why he’s suing and what he wants. After complaint is filed, summons served on J.Crew & Sandra
Image of page 4
5 Pleadings (cont’d) J.Crew Answers Defends self and asserts any counterclaims it may have against Thomas Thomas Replies (optional) Addresses any issues raised by J.Crew’s answer
Image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
6 Motions to Dismiss (pre-discovery) Grounds for dismissal before discovery starts: A. Motion for Judgment on the Pleadings: filed if defendant believes Plaintiff did not show cause of action or did not plead it properly; judge could make ruling simply by looking at the documents filed. B. Improper delivery of complaint and summons C. Improper venue D. Lack of jurisdiction (filed before Answer) Once J.Crew has filed its answer, if Thomas believes that a judge would rule in his favor by simply reading the complaint and the answer, which document should he file with the court?
Image of page 6
7 Motions to Dismiss (pre-discovery) Grounds for getting before discovery starts: A. Motion for Judgment on the Pleadings: filed if defendant believes Plaintiff did not show cause of action or did not plead it properly; judge could make ruling simply by looking at the documents filed. B. Improper delivery of complaint and summons C. Improper venue D. Lack of jurisdiction (filed before Answer) Once J.Crew has filed its answer, if Thomas believes that a judge would rule in his favor by simply reading the complaint and the answer, which document should he file with the court?
Image of page 7

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
8 Motions to Dismiss (pre-discovery) Grounds for getting before discovery starts: A. Motion for Judgment on the Pleadings: filed if defendant believes Plaintiff did not show cause of action or did not plead it properly; judge could make ruling simply by looking at the documents filed. B. Improper delivery of complaint and summons C. Improper venue D. Lack of jurisdiction (filed before Answer) Once J.Crew has filed its answer, if Thomas believes that a judge would rule in his favor by simply reading the complaint and the answer, which document should he file with the court?
Image of page 8
Image of page 9
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern