Unformatted text preview: Week Two
Chapter 2 - Legal Procedures & the Courts.
*A dispute between parties can result in a civil trial but...
*Avoidance is often possible and often preferred
*Most civil disputes are settled before a court ever gets involved
*A court trial costs time and money, so early settlement can benefit all parties in the case.
*If the parties cannot settle their dispute, they can end up in court.
*The plaintiff starts the civil trial.
*There must be a real theory of liability based upon defendant’s violation of some law.
*Plaintiff must be a real party in interest.
*Plaintiff starts the process by filing the case in a court.
*Federal and State court systems generally have 3 levels
*Lowest – Trial court deciding issues of law and fact
*Federal: U.S. District Court
*State: Often called (State) District Court with a second trial court for more serious trials called Superior Court
*Intermediate – First appellate level
*Federal: U.S. Court of Appeals
*State: Often called (State) Court of Appeals
*Highest – Last appellate level
*Federal: U.S. Supreme Court
*State: Often called (State) Supreme Court
*Begun by plaintiff filing a complaint with the court, BUT the plaintiff should be represented by counsel who will take care of the legal procedures, unless perhaps it is a small claims action.
*After service (first notice of the lawsuit), defendant should also hire an attorney to avoid the possibility that they will make a mistake.
*The parties use a neutral “mediator” who tries to help the parties resolve their own dispute.
*Like a negotiated settlement, but uses a (negotiator) mediator who is not affiliated with either side of the dispute.
*Often used in emotionallycharged matters where a quick settlement is preferred to a trial, such as: *Divorces *Labor Union Disputes ...
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- Fall '11
- Law, Legal Procedures