Not because a districtcounty has power and place it means the case is going to

Not because a districtcounty has power and place it

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convenience. Not because a district/county has power and place, it means the case is going to be heard there. o Example: Both defendant and plaintiff live in Brownsville. Defendant assaults plaintiff in Dallas. Plaintiff sues in Dallas. Dallas court could exercise forum non conveniens and dismiss or transfer case to Brownsville, because it is more convenient for all parties o Another factor could be workload, Dallas court might be more busy than Brownsville’s, thus the latter being more convenient and efficient Remedies : In order to sue someone, plaintiff must seek a remedy from the court (punishment or compensation). Plaintiff cannot sue for just personal satisfaction There are two types of remedies: 1. Legal Remedy ($$$) a. It is always preferred b. Can be ordered by both the judge and the jury (fact-finders)
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c. If there is a case where a legal remedy is sought, either party (plaintiff or defendant) can request a jury, because juries can award damages/money (juries are optional) 2. Equitable Remedy (Extraordinary / Extra) a. It only comes into play when money is insufficient b. Only judges can award these remedies c. There cannot be a jury in a case where plaintiff solely seeks an equitable remedy d. Order from the court to either do something, OR stop doing something d.i. Do something: deals with contracts; breach of contract In this case you seek the defendant to honor the contract d.ii. Stop doing something: Referred as an injunction/order Plaintiff seeks defendant to stop trespassing; get off my property NOTE : if both remedies are sought, jury handles legal remedy and judge handles equitable remedy. CHAPTER 3 – THE FIVE STAGES OF LITIGATION Most cases never reach trial; It is the exception that a lawsuit makes it to the trial stage (single digits) Defendant is innocent until proven guilty; it is the plaintiff’s responsibility to prove the facts. It is not the defendant’s job to disprove the facts. In other words, the plaintiff bears the burden of proof (how strong is your evidence) o Criminal law burden of proof: “Without unreasonable doubt” o Civil law burden of proof: “More likely than not” o Ex: OJ Simpson winning against government, but losing against family under the same facts MOTIONS: “Pause button” where judge hears both sides for that motion. All motions have one purpose in common: “judge, lets end this right now”. The outcome could be either: “show” is over, or motion is denied, “show” goes on. NOTE 1: The further we go down the litigation process, the more likely a motion will NOT be granted, because if a case has made it this far, it means both sides have had sufficient evidence NOTE 2: All motions are optional o Motion to Dismiss (MTD) : Can be filed by the D in lieu of an answer. Basically, D explains why P can’t sue him for this; show why claim is
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not legitimate; is not a recognizable claim; is not actionable. Ex: P suing D for declining party invitation (Pleadings stage) o Motion for Summary Judgment (MSJ) : Can be filed by either or both parties ( P and/or D ). Basically, given that both sides have seen each other’s evidence through discovery, one side tells the judge: “based on what we have right now, we can settle this right now. It is obvious how
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  • Spring '08
  • BREDESON
  • Supreme Court of the United States, United States district court, Trial court

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