Civil Procedure--Class Outline (abridged)

Civil Procedure--Class Outline (abridged) - Role of Lawyer...

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1 Role of Lawyer I. Helps client to resolve problems A. Learns goals and interests B. Evaluates what they are willing to sacrifice C. Listens for the details and facts D. There are many risks in litigation—time, money, relationships, confidentiality, etc. II. Devise Method and process to achieve the objective A. Done in relation to their goals and what they want to do B. Must consider the many different possibilities (lawsuit, letter, negotiation, mediation) C. May have to refuse to take case b/c of lack of rationale in achieving goal III. Lawyer is process expert A. Must determine the process and be able to use it B. Responsible to know the chances in attaining the objective C. Know advantages and disadvantages Society’s Purpose(s) in Providing the Civil Justice System I. Provide PEACE II. Seek JUSTICE (equitable remedy) U.S. Legal System I. Federal System A. Constitution sets up this structure and creates a number of different levels B. Separation of powers on horizontal level and also on the vertical level between state and federal governments C. Two sovereign governing bodies—state and federal D. Constitution sets limits on government powers—divides and places limits E. Federal Power —only enumerated power F. State Power —gives states power not given to other areas, not listed specifically 1. Each has own constitution, but each must be within limits placed by federal limits II. Court structures A. Federal —has THREE DIFFERENT LEVELS : 1. District (at least one in every state)
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2. Court of Appeals (11 Circuits)—Only looks for error in cases 3. Supreme Court a. Very rare to get them to hear a case b. Only hear around 20-30 cases a year c. Resolve splits in lower courts B. State (has more courts) 1. Trial courts —general jurisdiction (most suits filed here) 2. Specialized trial courts —limited jurisdiction; only hear cases where they are given specific authority (i.e. family, probate, juvenile, etc.) 3. Appeals —(intermediate)—appeal cases from all trial levels 4. State Supreme Court a. Usually what the Supreme court says is the ultimate (final) word b. Can only appeal on basis of a federal issue (i.e. if ruling opposes the U.S. Constitution) C. Constitution, statutes, and common law —Each system has their own set of rules, law, etc . D. Court Rules 1. Rules set which govern the procedure in the court (i.e FRCP) 2. In federal, Congress helps come up with rules, but Supreme Court apply these into practice. Where can a suit be brought?
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Civil Procedure--Class Outline (abridged) - Role of Lawyer...

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