The_Litigation_Process - 1 The Litigation Process 2 The...

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Unformatted text preview: 1 The Litigation Process 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. 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, Ill go ahead and grab the next size up for you. Youll 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? 4 Pleadings Thomas files complaint/petition Document that explains who Thomas is suing (J.Crew and/or Sandra), why hes suing and what he wants. After complaint is filed, summons served on J.Crew & Sandra 5 Pleadings (contd) J.Crew Answers Defends self and asserts any counterclaims it may have against Thomas Thomas Replies (optional) Addresses any issues raised by J.Crews answer 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? 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? 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....
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The_Litigation_Process - 1 The Litigation Process 2 The...

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