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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 HonestyLoyaltyKeeping CommitmentsDo 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 hearsTrial level– assuming discovery & leads, there is trial (does NOT always have a jury) most state trial courts can hear almost any type of caseAppellate level– if defendant does not agree with trial level then entirety sent to appellate courtsdoes not consider anything other than specific issues addressed Texas court levelMunicipal 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 jurisdictiongeneral trial courtsappellate courtsAdversarial 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 knowsInquisitorial System– court looks at legal briefing and discovery, in it for the truth when you have $, distinct advantagenot 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 eachelement of its claim, so that there is no genuine issue of material fact on at least oneelement 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 phaseP 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 remedyif D disagrees, D may file motion to dismissif judge grants motion= terminateif not, case goes to discoveryPleading requirements state claim for which law will grant damages/other remedy
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Trial court, AIC, long arm jurisdiction, plaintiff lawsuit