Answer we must approach each question 1 from an

 Answer: We must approach each question
1) from an original position of equality
2) behind a “veil of ignorance” (do not know if you’ll be affected)
e. The Moral Minimum – a set of universal rules
 Honesty
 Loyalty
 Keeping Commitments
 Do no harm
Litigations/Court Systems
Litigations and alternative methods of dispute resolution courts are all created under statue
 no reason why a court cannot provide max. AIC & limits on types of claims court hears
Trial level – assuming discovery & leads, there is trial (does NOT always have a jury)
 most state trial courts can hear almost any type of case
Appellate level – if defendant does not agree with trial level then entirety sent to appellate courts
 does not consider anything other than specific issues addressed
Texas court level
 Municipal courts – where the gov. brings against you & Justice courts – AIC: $10,000
 County & District courts
 Court of Appeals
 Texas Supreme & Criminal Appeals Court
State courts fall under:
 limited jurisdiction
 general trial courts
 appellate courts
Adversarial System – not about the truth but rather who wins, costs less for the government
 goal of discovery is try to find out what the other side knows
Inquisitorial System – court looks at legal briefing and discovery, in it for the truth
 when you have $, distinct advantage
 not job as plaintiff to prove truth
Court Procedure (Civil Lawsuits)
 Pleadings
 Discovery
 Trial
 Appellate – split geographically & numerically

Before moving onto the trial phase, a party may make a motion for Summary Judgement
(MSJ) – made @ or near end of discovery, if granted – terminates the case (subject to appeal),
standard to grant: not issue of material fact
- defendant’s favor is proper if the plaintiff hasn’t produced admissible evidence on each
element of its claim, so that there is no genuine issue of material fact on at least one
element of the claim.
When a court holds something with prejudice means lawsuit is gone
 Motion to Dismiss – required if P fails to plead all elements of claim
Pleadings phase
 P states its claims against D (Texas: petition, Federal: complaint)
 D states its defense to P’s claims (answer)
 P states its claims against D, if true – right to $ damages or remedy
 if D disagrees, D may file motion to dismiss
 if judge grants motion = terminate
 if not, case goes to discovery
Pleading requirements
 state claim for which law will grant damages/other remedy
