COMM ST 170 Notes Week 3

COMM ST 170 Notes Week 3 - Comm170 Legal Communication...

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Comm170 Legal Communication Lecture Notes April 13, 2010 I. Third Stage of Pre-Trial: Response a. Cause of Action was the first b. Accusation was the second i. Whatever is alleged is relevant, what is not alleged, is not relevant c. Response in civil law is an answer—“I deny” i. A denial is essentially a response ii. Mechanism by which whoever is charged with the violation has the opportunity to deny it and depending on the plaintiff and prosecutor and what they have, it has to be substantive object that allows it to go to trial 1. Minimal display of the evidence 2. Or a preliminary hearing with the judge with the evidence and deciding whether or not to go forward with the evidence iii. The whole thing could end with a response if there is no significant evidence, etc. 1. Ask for the trial to be dismissed by the judge 2. You can terminate any type of lawsuit before trial if in the mind of the judge, it is a frivolous suit with lacking evidence iv. Lawsuit is just a tactic—if there is no basis for the lawsuit, it can be terminated really quickly 1. Can be terminated for legal reasons—one component of the required elements can’t be proven? a. So everything can be workable, everything can be true but this one element can cause the trial to be dismissed and end in pretrial b. Such as a libel and defamatory case with public figures
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Comm170 Legal Communication Lecture Notes i. You can’t prove that this person knew he was doing something bad d. Assuming that there is a legitimate component, the response is an answer—a denial in civil cases i. In criminal law, it is called a plea and the denial plea is not guilty e. Plea-bargaining— in criminal law, the defendant will through his attorney offer an agreement or suggestion that he will not plead to what he is charged, but to a lesser defense—bargaining for jail-time i. In civil law, when you bargain, it depends on money—how much money to make this lawsuit go away and settle? ii. A lot of criminal trials also never go to trial and are settled through plea-bargaining iii. Sometimes, innocent people will plead guilty to crimes because the bargain is better than the idea of a jury trial 1. Ex. Prosecution offers 1-2 years, but if you go to a jury and are convicted, you’ll get 5-6 years iv. Not guilty, guilty, Nolo 1. Nolo—I do not choose to contest it. I don’t feel like telling you what you. Same effect as guilty fee, implicitly admitting. 2. Only virtue—it is an insulation against a civil action a. Every criminal action can have a civil counterpart b. But most of the time, no point in suing a criminal in civil court because they won’t have money c. If you plead guilty, the civil counterpart can come back and you can be sued for wrongful death, etc. 3.
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COMM ST 170 Notes Week 3 - Comm170 Legal Communication...

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