Litigation 2023 with verified questions and answers

Litigation -The process of a law suit from the filing stage through to the very end -There are 5 possible stages, although almost all law suits are settled before getting to stage 3 Pleading -First stage of litigation -Required filing from both parties Complaint -Required -The initial filing from the plaintiff -Two required elements for each claim: 1) The plaintiff's version of the facts 2) Request for a remedy Answer -A response from the defendant either admitting or denying the claim -Admittance results in losing the case; skips straight to the damages -Denial basically tells the plaintiff to prove the claim if they can; the defendant have no obligation to disprove the claim set upon them Counter-claim -A separate claim against the plaintiff Affirmative Defense -A direct response to a claim against you Motion to Dismiss -A ruling of law that a judge makes on a motion -The defendant asks the judge to dismiss the law suit -Ex. an untimely law suit -Failure to Response/Appear -Results in the defendant automatically losing the case -The judge will issue a default judgment Reply -Composes of either a counter-claim or an affirmative defense Discovery -Second stage of litigation -The information-gathering stage -When both sides see the other's information -Will likely result in settlement between the two sides Requests -Three types: a) Request for production of documents b) Deposition under oath c) Interrogatory -If one side does not comply, there will be a fine/penalty or it could also result in a default judgment Motion for a Summary Judgment -When the plaintiff/defendant plead to the judge that this claim has no business going to trial because it has no general dispute -Every claim compose of elements to which the plaintiff must prove all or else the defendant can just disprove one -Therefore, the burden of proof upon the plaintiff is much higher than on the defendant Trial -Third stage of litigation Voir Dire -The jury selection process Jury Selection -Starts with a pool of registered voters (ex. 800) who receives a jury summon, then they show up at the courthouse with (ex.35) others but the judge only needs a specific amount (ex. 12) of juries -The potential jury candidates can get "strike/challenge" down depending on the lawyers' pick(s) Two Ways to Dismiss Someone (Jury Selection) -Cause Strike/Challenge -Peremptory Strike/Challenge Cause Strike/Challenge -Unlimited -The reason to believe that this person is biased and would not give a fair judgment Peremptory Strike/Challenge -Limited -No real reason at all for striking someone with the exception of race or gender -Don't have to state your reason unless the other lawyer raises the question against you Three Stages of Trial -Stage one: opening arguments for both sides -Stage two: presentation of case information -Stage three: closing arguments for both sides Motion for Direct Verdict (Defendant) -Possible during stage two of trial -From the defendant's side -Argues that the plaintiff did not prove their case or prove the burden of proof -If the motion is allowed, the plaintiff loses the case -If the motion is denied, the court will move forward with the trial and the defendant must present the information that their side gathered Motion for Direct Verdict (Plaintiff) -Possible during stage two of trial -From the plaintiff's side -Reversal of the MDV from the defendant Jury Instruction -Where the judge give the jury certain instructions before they go in to deliberate the case The Jury Charge -The legal framework for deciding a case -Two types: a) General charge b) Special charge General Charge (Jury Instruction) -Where a judge tells the jury that he only needs them to come back and give the answer for who won the case Special Charge (Jury Instruction) -Where a judge gives the jury a list of questions that relate to factual issues of the case and that the jury must first answer Verdict -A winner and a loser is decided Motion for Judgment Notwithstanding the Verdict -Possible at the time the verdict of the trial is read -A fact-based motion -Issue with the jury's verdict -Asking the judge to overrule the jury -Claims that no reasonable jury could have reached that conclusion -Very rare Motion for New Trial -Possible at the time the verdict of the trial is read -A law-based motion -Issue with the judge's verdict -Appeal for material error of law that could have affected the outcome of the case -Prerequisite for an appeal Appeal -Fourth stage of litigation -Deals with only issues of law (judge's verdict), not with issues of facts (jury's verdict) Material Error of Law -An important mistake made by the judge that significantly impacted the jury's verdict Parties in the Appeal -Appellant: the one who filed the appeal (i.e. the loser of the original trial) -Appellee: the one who won the original trial Appeal Process -Record: information gathering phase -Written briefs: argument that each side makes -Oral arguments: lawyers from both sides argue their case before the appellate court within a given time frame -Opinion: the court's ruling Opinion (Appeal) -The court's ruling: a) The formal opinion (always have this) b) The concurring opinion: the court agrees with the original ruling but for a different reason c) The dissenting opinion: when there is not a majority decision; equivalent of secondary laws Rej Judicata -Final judgment (the litigation is over) -The plaintiff cannot ever re-file that claim even if she learns of new evidence -The plaintiff cannot file any related claim that could have been filed the first time Enforcement of Money Judgment -The unaccounted for sixth stage of litigation Writ -A written court order that the winner of the trial must go to ask for and if given, will give he/she the means to seize certain assets from the loser 1) Writ of execution: involves the non-exempt assets of the loser that they, themselves, possess 2) Writ of garnishment: involves the non-exempt assets of the loser that somebody else possess Alternate Dispute Resolution -A way to resolve a dispute not involving suing (litigation) -It's private, saves time and money, and less adversarial/contentious Types of Alternate Dispute Resolution a) Negotiation b) Mediation c) Arbitration Negotiation (ADR) -Involves two parties negotiating for a settlement -Can be used up to the point that the jury makes the verdict Mediation (ADR) -Not legally binding -A neutral third party gives advice -Court can order for this (court annex mediation) Arbitration (ADR) -Contractual, legally binding -An arbitrator's ruling a) Pre-dispute: arbitration clauses in terms and conditions; contracts b) Post dispute: both sides sign an agreement for the arbitrator