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LGST 101 Lecture 7

When you sign you agree that you understand o then

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When you sign, you agree that you understand o Then, you’re unhappy, and you sue But you signed, so you’re bound to the agreement o The contract document determines explicitly the terms and conditions of contract – you are bound to it o This is true, unless there was fraud or duress or something o Once you sign contract, you are bound to written and signed document o A rule of evidence that deals with contract We also talked about Statue of Limitations, Good Samaritan Rule o These are also pieces of evidence that get admitted into trial (legal evidence, as opposed to hard evidence) Civil Procedure Trial o Bring in witness, evidence, do analysis, do discussion Try to get jury to understand your position o Plaintiff goes first, then defendant Defendant can go for directed verdict (no jury), stating that there is no point in going further since the plaintiff did not illustrate a preponderance of evidence If the judge agrees, then the trial is over If not, the defendant does what the plaintiff did o Then, it goes back to the plaintiff He could also go for directed verdict o Judges can grant directed verdict, but they don’t like to This is because the directed verdict can be appealed, and the trial starts over again
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But if it’s obviously clear, then judge will grant o Summation “Tell them what you told them” Put your arguments in best possible light, other side’s in worst possible light Defendant goes first, plaintiff last o At this point, trial process is pretty much over o Then turn to judge Asks if there are any motions Plaintiff may ask for new trial, if there was a fundamental flaw, if some new evidence came up, but not if you think you’re going to lose Plaintiff must pay all court costs then Judge then charges jury Tells them this is what you have to do, these are the questions you must answer This is often the outcome of financial decisions (decide upon appropriate damage awards), in addition to determinants of fact o Jury goes to jury room Can only discuss that which was raised in trial itself Can ask court for copy of transcript Must reach decision by discussion Once they are done, two possible outcomes Hung jury – no conclusion o Civil trial means six-six split o Judge will ask jury to try again, and if they can’t, then the jury is hung, meaning there is no completion to trial (since there is no decision) Trial does not end – no conclusion o Plaintiff now has the option of suing again, building upon experience from first trial o No completed trial until there is a conclusion o Unanimous decision required in larger civil cases cases, but in smaller ones not as big a deal Jury can have unanimous decision o Judge will ask what they did o Jury will give verdict – two parts Did problem occur, and if so, who is at fault?
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