BUS18 - Additional Dispute Resolution Notes Page 1 of 4...

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Additional Dispute Resolution Notes Page 1 of 4 LITIGATION During each phase of litigation* , parties must observe strict procedural requirements **. * litigation = process of working a lawsuit thru the court system. Rules vary by State/Fed AND by type of proceeding (Civil/Criminal). ** Civil Procedure = Set of legal rules establishing how a civil lawsuit proceeds from beginning to end. (rules may vary slightly between jurisdictions) Adversary system at work: “To Win” in a civil lawsuit, P must prove each element of case by a preponderance of the evidence . (i.e., 51%, “more likely than not”, weight NOT quantity of evidence)) PLEADINGS 1. Complaint a. States facts necessary for court to take jurisdiction b. Summarizes facts to show P entitles to remedy c. States remedy sought After Complaint filed, D served w/ summons & copy of complaint = NOTICE that you are being sued. NOTE: D must be properly served : (“Proper service” standards are defined per statute, court rules, & constitutional due process guarantees. (Examples of proper service typically include: personally delivery to D; delivery to D’s home or place of business, registered mail for out-of-state D’s; For corporations, service to an approved official/agent w/n jurisdiction). NOTE: D must challenge right away if D feels service was improper) Complaint also : ID’s P States time w/n which D must make an appearance usually via an atty in the form of an ANSWER…
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This note was uploaded on 09/19/2011 for the course BUS 18 taught by Professor Dannysalah during the Spring '11 term at DeAnza College.

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BUS18 - Additional Dispute Resolution Notes Page 1 of 4...

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