litigation ppt - Settlement Settlement can come at any...

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Settlement Settlement can come at any phase of the process. Judges usually encourage settlements. The Federal Rules of Civil Procedure states that judges are expected to promote “the just, speedy, and inexpensive determination of every action.”
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Demand Letter Overall principle in America is that claims or defenses are permitted, if they are lawful, despite the actual motive for the claim
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Complaint The initial pleading in a lawsuit “I’ve been wronged, and these are the remedies I seek.” It includes: 1. A statement of facts 2. The legal basis of the suit, and 3. A request for one or more remedies
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Complaint, Continued There must be a service of process upon the defendant. Due process forbids legal action against a person unless the person has been given notice and an opportunity to be heard.
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Service of Process If a plaintiff never obtains service of process, then the lawsuit will not proceed to the next step.
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Service of Process Personal service is preferred because it ensures actual notice. There are 3 main methods of service of process: 1. Personal service 2. Substituted service, and 3. Service by publication
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Personal Service These are the 3 forms of personal service: 1. Certified mail 2. Sheriffs or other court personnel 3. Private process server
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This note was uploaded on 02/14/2011 for the course BUL 4310 taught by Professor Carolan during the Spring '08 term at University of Florida.

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litigation ppt - Settlement Settlement can come at any...

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