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

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
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… FAILURE TO APPEAR
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern