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Unformatted text preview: Chapter 04 - Litigation CHAPTER 4 LITIGATION I. LEARNING OBJECTIVES The purpose of this chapter is to acquaint the students with the "rules of the game" so that they can appreciate the challenges of litigation. Students will gain a better understanding of the litigation process and the parties to a case, how issues such as standing to sue, personal jurisdiction, and class-action can impact litigation, the steps and costs associated with discovery, the pretrial and trial procedures in litigation, and the process for appeal and enforcement of judgments. Students should gain a better appreciation of the intricacy, difficulty, and costs of resolving disputes by litigation. II. REFERENCES Abramson, Jeffrey, We, the Jury , Harper-Collins Publishers (1994). Blake, Susan H., Practical Approach to Effective Litigation , Oxford University Press (2005). Bourhis, Ray, Insult to Injury: Insurance, Fraud, and the Big Business of Bad Faith , Berrett- Koehler (2005). Cardozo, The Nature of the Judicial Process , Yale University Press (1921). Carlson, Ronald L. et. al., Dynamics of Trial, Prentice-Hall (1995). Derthick, Martha, Up in Smoke: From Legislation to Litigation in Tobacco Politics , (CQ Press 2005). Federal Rules of Civil Procedure , West Publishing (2000). Garner, Bryan, The Winning Brief , Oxford University Press (1999). Gruthan, Roy et. al., Lawyers and Thieves: Legal Shenanigans, Courtroom Scandal, and the Endless Hunt for Money , Simon & Shuster (1990). Harr, Jonathan. A Civil Action , Random House (1996). Moore, James W., Moore’s Federal Practice , New York: Bender (1984). 4-1 Chapter 04 - Litigation III. TEACHING OUTLINE LITIGATION – AN OVERVIEW 1. Parties A. Emphasize : (1) The terms used to describe the parties to both a lawsuit and an appeal. Contrast the terms used in civil cases with those used in criminal cases. (2) That the complaint formally starts the lawsuit. Parties often have attempted to informally resolve their dispute through negotiation and alternative dispute resolution before the complaint is filed. (3) Review the Sample Complaint in Appendix 1. B. Additional Matters for Discussion (1) That the plaintiffs may join as defendants all parties who are necessary to a complete determination or resolution of the case. (2) The defendant may bring in new parties as third-party defendants, if needed to resolve the controversy before the court. 2. Standing to Sue A. Emphasize : (1) The reasons that courts are not available to decide every controversy that may arise. (2) That issues decided by a court must be raised by persons who will be directly affected by the outcome of the case. (3) That standing is satisfied in the sample complaint. (4) The case of Hein v. Freedom From Religion Foundation (Appendix, Case 4-1) Answers to CASE QUESTIONS: 1. The President created the Office of Faith-Based and Community Initiatives to eliminate unnecessary bureaucratic, legislative, and regulatory barriers that often impact such organizations’ effectiveness and ability to compete for federal assistance....
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