3 LEGL - Ch. 4 (Part II) and Ch. 5

3 LEGL - Ch. 4 (Part II) and Ch. 5 - Litigation Litigation...

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Unformatted text preview: Litigation Litigation Chapter Four Requirements for Bringing Suit Requirements for Bringing Suit Requirements for Bringing Suit Standing to Sue The plaintiff must show that it has a legally protectable stake or interest in the dispute entitling it to bring the controversy before the court in order to obtain judicial relief Requirements for Bringing Suit Requirements for Bringing Suit Standing to Sue Two requirements for standing: Actual case or controversy Personal stake in the resolution of the case Requirements for Bringing Suit Requirements for Bringing Suit Jurisdiction Requirements for Bringing Suit Requirements for Bringing Suit Personal Jurisdiction The power of a court to hear and determine a lawsuit involving the parties before it Courts automatically obtain personal jurisdiction over a plaintiff when he or she files suit Requirements for Bringing Suit Requirements for Bringing Suit Personal Jurisdiction Courts obtain personal jurisdiction over a defendant through any of the following means: The defendant voluntarily appears The defendant is served with process in the state The defendant is served with process outside the state, and: The defendant committed a tort in the state The defendant owns property in the state that is the subject matter of the suit The defendant entered a contract or transacted business in the state that is the subject matter of the suit Requirements for Bringing Suit Requirements for Bringing Suit Subject Matter Jurisdiction The power of a court to hear and determine lawsuits involving the issues of the type before it Requirements for Bringing Suit Requirements for Bringing Suit Standing to Sue Subject Matter Jurisdiction Personal Jurisdiction Need all three to get into court Pretrial Procedures Pretrial Procedures Pretrial Procedures Pretrial Procedures Pleadings The formal presentation of claims and defenses by parties to a lawsuit Complaint = Filed by the plaintiff initiating a lawsuit Answer = Filed by the defendant, admitting or denying each allegation May also include any counterclaims Reply = The plaintiff’s response to defendant’s counterclaims, if any Pretrial Procedures Pretrial Procedures Discovery The procedure by which each party obtains the information needed to prepare its case Pretrial Procedures Pretrial Procedures Discovery Interrogatories = Written questions which must be answered by the other party Identify any individual that you are aware has personal knowledge of the facts and circumstances of this case, including all eyewitnesses to the accident List all insurance agreements you have regarding the vehicle operated by Defendant at the time of the collision with the Plaintiff Pretrial Procedures Pretrial Procedures Discovery Requests for Production of Documents = Written requests for certain categories of documents in the possession of other party All maintenance records concerning the vehicle being driven by the Plaintiff on the date of the accident for the two (2) years prior to the auto accident All notes, bills, photographs, x­rays or other documents prepared or reviewed by any doctor performing a medical examination on the Plaintiff for the six (6) months following the auto accident Pretrial Procedures Pretrial Procedures Discovery Depositions = Oral questioning by an attorney of a witness who must answer under oath Pretrial Procedures Pretrial Procedures Discovery Requests for Admission= Written questions asking the other party to specifically admit or deny a certain fact Admit that you were driving a 2000 Toyota with Maryland motor vehicle tags on the date of the car crash Admit that the light was red when you crashed into Plaintiff’s car Pretrial Procedures Pretrial Procedures Scope of Discovery Requested discovery must be likely to lead to admissible evidence Trial Trial Trial Trial Jury Selection Voir Dire = The preliminary examination of prospective jurors to determine their qualifications and suitability to serve on the jury Helps ensure the selection of fair and impartial jury Trial Trial Jury Selection Challenges For cause Peremptory Trial Trial Opening Statement Presentation of Evidence Closing Statements Jury Instructions Verdict Trial Trial Burden of Proof The level of proof necessary to prevail at trial Criminal cases = Beyond a reasonable doubt Civil cases = Preponderance of the evidence or clear and convincing proof Trial Trial Burden of Proof Preponderance of the evidence Clear and Convincing Proof Beyond a Reasonable Doubt Appeals Appeals Appeals Appeals Parties submit written briefs explaining their legal position The court of appeals will then typically schedule an oral argument Order of Litigation Order of Litigation Pleadings Discovery Trial Jury Selection Opening Statement Presentation of Evidence Closing Statements Jury Instructions Verdict Appeal Alternative Dispute Resolution Alternative Dispute Resolution Chapter Five Alternative Dispute Resolution Alternative Dispute Resolution Alternative Dispute Resolution Procedures for settling disputes by means other than litigation Alternative Dispute Resolution Alternative Dispute Resolution Settlement Resolution reached through direct negotiations between the parties Alternative Dispute Resolution Alternative Dispute Resolution Arbitration Submitting a dispute to a neutral third­party who issues a binding decision Alternative Dispute Resolution Alternative Dispute Resolution Voluntary vs. Mandatory Arbitration Voluntary arbitration arises when the disputing parties agree to arbitrate their dispute Mandatory arbitration arises when a court or statute requires the disputing parties to arbitrate their dispute Alternative Dispute Resolution Alternative Dispute Resolution Arbitration Selecting an arbitrator Typically selected by agreement between the parties Expertise Number of arbitrators Scope of authority Alternative Dispute Resolution Alternative Dispute Resolution Arbitration Process Hearing Award / Decision Alternative Dispute Resolution Alternative Dispute Resolution Judicial Review of Arbitrator’s Decision Voluntary arbitration – Decision overruled by a court only if: Arbitrary Obtained via fraud Contrary to public policy Alternative Dispute Resolution Alternative Dispute Resolution Judicial Review of Arbitrator’s Decision Mandatory arbitration Judicial review is available if one party is dissatisfied with result Due process requires availability of judicial review Federal Arbitration Act Alternative Dispute Resolution Alternative Dispute Resolution Mediation Similar to arbitration, only not a binding process Allows the parties to retain control over whether and when to settle ...
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This note was uploaded on 09/21/2011 for the course LEGL 2700 taught by Professor Reed during the Spring '07 term at University of Georgia Athens.

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