Chapter 3 Lesson

Chapter 3 Lesson - Chapter 3 Lesson Chapter 3 Lesson...

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Chapter 3 Lesson Chapter 3 Lesson Chapter 3 - Litigation - Going to Court OBJECTIVES: After completing this lesson, the required reading, and the assignments, learners will be able to: 1. Understand and outline the steps involved in taking a case to court. 2. Describe the procedures of jury selection, including voir dire and the types of juror challenges. 3. Identify the stages of a trial and the appellate process. 4. Summarize the various types of judgments and how courts enforce them. 5. Describe the advantages and disadvantages of various forms of Alternate Dispute Resolution. The Progress of a Case from Filing to the Trial Introduction I'd like you to understand not only the process and concepts involved here, but also the progression. For instance, which part of this process comes first? Which part is last? When does discovery occur? The book and this lesson describe this process in chronological order, but it might also help you to draw a diagram or outline so you understand when each step occurs. Complaint, Summons and Service of Process, and Answer Under this broad heading "Progress of a Case," your textbook lists first "Complaint and Answer" and then "Summons and Service of Process" as the first and second sub-heading. I've done it differently, however, to reflect the actual order in which these steps are taken. Let's go back to my hypothetical from Chapter 2 - the car accident involving me and Joe Student. My lawyer and I have decided to file a lawsuit because we cannot get the case settled with Joe's automobile insurance company. How do we start this process? First, we draft and file a complaint, the first document filed in court which contains my basic allegations against Joe. In the complaint I set forth the facts from my perspective and explain why I believe I'm entitled to damages. The complaint in your book is a simple example of a complaint (they are usually more complex than this). Certainly Joe is required to respond to my complaint. However, he cannot do this until he actually receives notice of the lawsuit and a copy of the complaint! Therefore, I (the plaintiff) must deliver ("serve") the complaint and summons on Joe (the defendant.) The complaint tells Joe the nature of my lawsuit against him. The summons is issued by the court when I file my complaint. It informs Joe that he has been sued, the court in which my lawsuit is filed, and how much time he has to respond. The process by which Joe is served with these documents is referred to as service of process . Typically it is done by a process server, although that is not always necessary. Joe is now legally obligated to respond to my complaint.
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Chapter 3 Lesson - Chapter 3 Lesson Chapter 3 Lesson...

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