BEFORE TRIAL
PLEADINGS: The documents that begin a lawsuit, consisting of the complaint, the answer, and
sometimes a reply
COMPLAINT: A short, plain SUMMONS: SERVICE: ANSWER: A
statement of the facts A paper The delivery brief reply to
alleged and the legal ordering the of the each of the
claims made defendant papers to allegations in
• Filed by the plaintiff to answer the the complaint
• To inform the the defendant within 20 days
defendant of the complaint by a sheriff
general nature of the within 20 or constable and
maybe
claims and the need to days
come into court to COUNTERCLAIM:
protect his interests A second lawsuit
DEFAULT JUDGMENT: A decision
that the plaintiff wins without trial by the defendant
because the defendant failed to against the
answer in time plaintiff
* CLASS ACTION: One plaintiff represents the entire group of plaintiffs,
including those who are unaware of the lawsuit or even unaware that REPLY: An answer
they were harmed to a counterclaim
* MOTION: A formal request to the court that it take some step or issue
•some order
or
MOTION DISCOVERY: Allows both sides to uncover evidence, encouraging a settlement
TO without trial or ensuring less surprises during a trial
DISMISS: • INTERROGATORIES: Written questions that the opposing party must answer,
A request in writing, under oath
that the • DEPOSITIONS: One party’s lawyer questioning the other party or a potential
court witness under oath
terminate o DEPONENT: The person being questioned
a case • PRODUCTION OF DOCUMENTS AND MATERIALS: Asking the other party
because to produce relevant documents for inspecting and copying and for
the law permission to enter on land
does not • PHYSICAL AND MENTAL EXAMINATION (if it’s relevant)
offer a • MOTION FOR A PROTECTIVE ORDER: Request that the court limit discovery
legal • MOTION TO COMPEL ANSWERS TO INTERROGATORIES: Request that the
remedy court order the other party to supply more complete answers
for the • MEMORANDUM: Supporting argument
plaintiff’s • IN CAMERA INSPECTION: When the judge views the requested documents
problem alone with no lawyers present and decides whether the other side is entitled
to view them
• REQUEST FOR ADMISSION: Request that undisputed facts be admitted or
denied to avoid wasting time on them
• E-DISCOVERY: Requesting certain emails, social media posts, and other
electronic information
,MOTION FOR SUMMARY JUDGMENT: Request that the judge terminate the case because there
are no essential facts in dispute
SUMMARY JUDGMENT: A ruling by the court that no trial is necessary because there are no
essential facts in dispute
TRIAL
• ADVERSARY SYSTEM:
1) Two contesting sides present the strongest case possible to a neutral fact finder.
2) Each side presents its witnesses.
3) The opponent has a chance to cross-examine.
4) The judge runs the trial.
5) It is presumed that the truth will emerge.
• RIGHT TO JURY TRIAL:
o Civil Lawsuit: When the lawsuit is one for money damages
o Criminal Prosecution: For any charge resulting in a sentence of 6 months or more
* Can waive
• VOIR DIRE (“To speak the truth”): The process of selecting a jury
1) Potential jurors are questioned individually, sometimes by the judge and sometimes
by the two lawyers, as each side.
2) Each lawyer may make any number of challenges for cause (claims that a juror has
demonstrated probable bias).
3) If the judge perceives no bias, the lawyer may make a limited number of peremptory
challenges (the right to excuse a juror for virtually any reason).
4) The process continues until 14 jurors are seated.
• BURDEN OF PROOF:
o Civil Lawsuit: Plaintiff wins with a mere preponderance of the evidence
o Criminal Prosecution: Prosecution must persuade a jury beyond a reasonable doubt
,OPENING STATEMENT: PLAINTIFF’S CASE DEFENDANT’S CASE
Summarizes the proof
Permissible only if the
each side intends to evidence so clearly • DIRECT EXAMINATION: To
offer, with the plaintiff favors the defendant ask questions of her own
going first that reasonable minds
witness
could not disagree on it
• CROSS-EXAMINATION: To
MOTION FOR DIRECTED VERDICT: A ruling that the ask questions of an opposing
plaintiff has entirely failed to prove some aspect of witness
her case • LAW OF EVIDENCE:
• Permissible only if the evidence so clearly favors 1) What questions a lawyer
the defendant that reasonable minds could not may ask
disagree on it 2) How the questions are to
be phrased
3) What answers a witness
VERDICT: The jury JURY
may give
deliberates INSTRUCTIONS:
4) What documents may be
informally, with all The judge
introduced
jurors entitled to instructs the jury
voice their opinions to evaluate the CLOSING STATEMENT: Both lawyers
case solely on sum up their case to the jury, explaining
the facts of the how they hope the jury will interpret
evidence what they have heard
presented
JUDGMENT NON OBSTANTE VEREDICTO (JNOV): A judgment notwithstanding the jury’s verdict
• Asking the judge to overturn the jury’s verdict
• Must show that the jury’s verdict went against all the evidence
REMEDIES:
• Money damages • Equitable relief
o Compensatory damages o Force the losing party to do
o Special damages (i.e. medical bills, lost wages) something or stop doing something
o Emotional distress, pain, suffering o Where money is going to help the
o Punitive damages situation
APPEAL
AFFIRM: To allow the decision to stand MODIFY: To affirm the outcome but with changes
REVERSE AND REMAND: To nullify the lower decision and return the case for reconsideration or
retrial
REVERSE: To turn the loser into the winner with no new trial
HARMLESS ERROR: A mistake by the trial judge that was too minor to affect the outcome
, ALTERNATIVE DISPUTE RESOLUTION
LITIGATION: Lawsuits; the process of filing claims in court and ultimately going to trial
ALTERNATIVE DISPUTE RESOLUTION: Formal or informal process used to settle disputes without resorting
to a trial
Why do it? When is it required? Who does it help?
• Quicker • When a court orders it • Can give benefits to both sides of
• Cheaper • When a contract the a dispute
• Non-public parties signed requires • Often perceived to help big
• Individual it companies more than individuals
NEGOTIATION: Parties make offers and counter-offers for settlement either face to face or through
lawyers
• Cheap
• No lawyers required
• Flexible outcomes
• Confidentiality
• Can be futile
MEDIATION: A mediator works to guide the disputing parties toward a voluntary settlement
• Can be court ordered, required by contract terms, or voluntary
• Mediator cannot issue decision
• Mediator guides parties towards a voluntary settlement
• Parties must agree to settle
• Lawyers are often involved
• Offers the strongest “win-win” potential
• Objective party can encourage agreement
• Flexible outcomes
• Confidentiality
• Less expensive
• Flexible timing
• Parties can preserve long-term relationship
• No binding authority
ARBITRATION: An arbitrator (neutral third party, usually a subject matter expert) presides over an
informal hearing and issues a binding decision
• No trial, no rules of evidence, no appeal, usually no written decision
• Binding decision
• Confidentiality
• Flexible timing
• Can be expensive
• Parties have no control of the outcome
• Many parties agree in advance to arbitrate any dispute that may arise in the future
PLEADINGS: The documents that begin a lawsuit, consisting of the complaint, the answer, and
sometimes a reply
COMPLAINT: A short, plain SUMMONS: SERVICE: ANSWER: A
statement of the facts A paper The delivery brief reply to
alleged and the legal ordering the of the each of the
claims made defendant papers to allegations in
• Filed by the plaintiff to answer the the complaint
• To inform the the defendant within 20 days
defendant of the complaint by a sheriff
general nature of the within 20 or constable and
maybe
claims and the need to days
come into court to COUNTERCLAIM:
protect his interests A second lawsuit
DEFAULT JUDGMENT: A decision
that the plaintiff wins without trial by the defendant
because the defendant failed to against the
answer in time plaintiff
* CLASS ACTION: One plaintiff represents the entire group of plaintiffs,
including those who are unaware of the lawsuit or even unaware that REPLY: An answer
they were harmed to a counterclaim
* MOTION: A formal request to the court that it take some step or issue
•some order
or
MOTION DISCOVERY: Allows both sides to uncover evidence, encouraging a settlement
TO without trial or ensuring less surprises during a trial
DISMISS: • INTERROGATORIES: Written questions that the opposing party must answer,
A request in writing, under oath
that the • DEPOSITIONS: One party’s lawyer questioning the other party or a potential
court witness under oath
terminate o DEPONENT: The person being questioned
a case • PRODUCTION OF DOCUMENTS AND MATERIALS: Asking the other party
because to produce relevant documents for inspecting and copying and for
the law permission to enter on land
does not • PHYSICAL AND MENTAL EXAMINATION (if it’s relevant)
offer a • MOTION FOR A PROTECTIVE ORDER: Request that the court limit discovery
legal • MOTION TO COMPEL ANSWERS TO INTERROGATORIES: Request that the
remedy court order the other party to supply more complete answers
for the • MEMORANDUM: Supporting argument
plaintiff’s • IN CAMERA INSPECTION: When the judge views the requested documents
problem alone with no lawyers present and decides whether the other side is entitled
to view them
• REQUEST FOR ADMISSION: Request that undisputed facts be admitted or
denied to avoid wasting time on them
• E-DISCOVERY: Requesting certain emails, social media posts, and other
electronic information
,MOTION FOR SUMMARY JUDGMENT: Request that the judge terminate the case because there
are no essential facts in dispute
SUMMARY JUDGMENT: A ruling by the court that no trial is necessary because there are no
essential facts in dispute
TRIAL
• ADVERSARY SYSTEM:
1) Two contesting sides present the strongest case possible to a neutral fact finder.
2) Each side presents its witnesses.
3) The opponent has a chance to cross-examine.
4) The judge runs the trial.
5) It is presumed that the truth will emerge.
• RIGHT TO JURY TRIAL:
o Civil Lawsuit: When the lawsuit is one for money damages
o Criminal Prosecution: For any charge resulting in a sentence of 6 months or more
* Can waive
• VOIR DIRE (“To speak the truth”): The process of selecting a jury
1) Potential jurors are questioned individually, sometimes by the judge and sometimes
by the two lawyers, as each side.
2) Each lawyer may make any number of challenges for cause (claims that a juror has
demonstrated probable bias).
3) If the judge perceives no bias, the lawyer may make a limited number of peremptory
challenges (the right to excuse a juror for virtually any reason).
4) The process continues until 14 jurors are seated.
• BURDEN OF PROOF:
o Civil Lawsuit: Plaintiff wins with a mere preponderance of the evidence
o Criminal Prosecution: Prosecution must persuade a jury beyond a reasonable doubt
,OPENING STATEMENT: PLAINTIFF’S CASE DEFENDANT’S CASE
Summarizes the proof
Permissible only if the
each side intends to evidence so clearly • DIRECT EXAMINATION: To
offer, with the plaintiff favors the defendant ask questions of her own
going first that reasonable minds
witness
could not disagree on it
• CROSS-EXAMINATION: To
MOTION FOR DIRECTED VERDICT: A ruling that the ask questions of an opposing
plaintiff has entirely failed to prove some aspect of witness
her case • LAW OF EVIDENCE:
• Permissible only if the evidence so clearly favors 1) What questions a lawyer
the defendant that reasonable minds could not may ask
disagree on it 2) How the questions are to
be phrased
3) What answers a witness
VERDICT: The jury JURY
may give
deliberates INSTRUCTIONS:
4) What documents may be
informally, with all The judge
introduced
jurors entitled to instructs the jury
voice their opinions to evaluate the CLOSING STATEMENT: Both lawyers
case solely on sum up their case to the jury, explaining
the facts of the how they hope the jury will interpret
evidence what they have heard
presented
JUDGMENT NON OBSTANTE VEREDICTO (JNOV): A judgment notwithstanding the jury’s verdict
• Asking the judge to overturn the jury’s verdict
• Must show that the jury’s verdict went against all the evidence
REMEDIES:
• Money damages • Equitable relief
o Compensatory damages o Force the losing party to do
o Special damages (i.e. medical bills, lost wages) something or stop doing something
o Emotional distress, pain, suffering o Where money is going to help the
o Punitive damages situation
APPEAL
AFFIRM: To allow the decision to stand MODIFY: To affirm the outcome but with changes
REVERSE AND REMAND: To nullify the lower decision and return the case for reconsideration or
retrial
REVERSE: To turn the loser into the winner with no new trial
HARMLESS ERROR: A mistake by the trial judge that was too minor to affect the outcome
, ALTERNATIVE DISPUTE RESOLUTION
LITIGATION: Lawsuits; the process of filing claims in court and ultimately going to trial
ALTERNATIVE DISPUTE RESOLUTION: Formal or informal process used to settle disputes without resorting
to a trial
Why do it? When is it required? Who does it help?
• Quicker • When a court orders it • Can give benefits to both sides of
• Cheaper • When a contract the a dispute
• Non-public parties signed requires • Often perceived to help big
• Individual it companies more than individuals
NEGOTIATION: Parties make offers and counter-offers for settlement either face to face or through
lawyers
• Cheap
• No lawyers required
• Flexible outcomes
• Confidentiality
• Can be futile
MEDIATION: A mediator works to guide the disputing parties toward a voluntary settlement
• Can be court ordered, required by contract terms, or voluntary
• Mediator cannot issue decision
• Mediator guides parties towards a voluntary settlement
• Parties must agree to settle
• Lawyers are often involved
• Offers the strongest “win-win” potential
• Objective party can encourage agreement
• Flexible outcomes
• Confidentiality
• Less expensive
• Flexible timing
• Parties can preserve long-term relationship
• No binding authority
ARBITRATION: An arbitrator (neutral third party, usually a subject matter expert) presides over an
informal hearing and issues a binding decision
• No trial, no rules of evidence, no appeal, usually no written decision
• Binding decision
• Confidentiality
• Flexible timing
• Can be expensive
• Parties have no control of the outcome
• Many parties agree in advance to arbitrate any dispute that may arise in the future
