Ch 4 - Litigation

Litigation

The legal process of resolving CIVIL disputes through the court system. Rarely results in a trial — most cases end in settlement.

Settlement

When both sides agree on a solution WITHOUT going to court. Most disputes end here.

Plaintiff

The party who FILES the lawsuit in a civil case. Only used in CIVIL cases — never criminal.

Defendant

The party being SUED in a civil case, or being PROSECUTED in a criminal case.

Counterplaintiff

The defendant who files a counterclaim against the original plaintiff.

Counterdefendant

The original plaintiff who must now defend against the defendant's counterclaim.

Who prosecutes in a criminal case?

The Government, State, or "The People" — NEVER the victim. The word "plaintiff" is NOT used in criminal cases.

Standing to Sue

The plaintiff's legal right to bring a case to court. Different from jurisdiction.

3 Elements of Standing

1) Injury in Fact 2) Causation 3) Redressability — ALL THREE must be met.

Injury in Fact

A real, concrete harm actually occurred to the plaintiff — one of the three elements of standing.

Causation

The defendant's actions caused the plaintiff's harm — one of the three elements of standing.

Redressability

The court can actually fix or remedy the harm — one of the three elements of standing.

Juliana v. US

The case used in class to illustrate standing. Young people sued the government over climate change. Struggled with redressability.

Jurisdiction

Whether THIS court has authority to hear THIS case. Different from standing.

Jurisdiction vs. Standing

Jurisdiction = can the COURT hear the case? Standing = does the PLAINTIFF have the right to bring the case?

Personal Jurisdiction

The court's authority over the PARTIES (people or entities) in the case.

Subject Matter Jurisdiction

The court's authority over the ISSUES or type of case being heard.

Long-Arm Statutes

Laws that allow a state to exercise jurisdiction over out-of-state defendants who did business or caused harm in that state.

Extradition

The process of returning a suspect who has fled to another state or country back to face charges.

Criminal Jurisdiction

In criminal cases, jurisdiction is in the county or federal district where the crime was allegedly committed.

Class Action Suit

A lawsuit where MANY plaintiffs join together because they share a common legal claim against the same defendant.

Commonality

The requirement in class actions that questions of law or fact must be COMMON to the whole class.

Jurisdiction for Class Actions

A special type of FEDERAL DIVERSITY jurisdiction — at least one plaintiff must be from a different state than at least one defendant. TRICK QUESTION — it is not simply federal question or standard diversity jurisdiction.

Pleadings

Everything filed with the court to BEGIN the civil litigation process.

Complaint

The document filed by the plaintiff to start a civil lawsuit. Also called a "statement of claim." Explains what happened, who's at fault, and what remedy is sought.

Service of Process

Formally notifying the defendant that a lawsuit has been filed against them — "you've been served."

Answer

The defendant's formal written response to the complaint — they admit, deny, or raise defenses.

Default Judgment

What happens when a defendant FAILS to respond to a complaint — the plaintiff wins automatically.

Motion

A formal request by one party asking the COURT to order something to happen.

Motion to Dismiss

Asks the court to throw out the case before trial — argues the case has no legal basis.

Motion for Summary Judgment

Asks the court to rule in your favor WITHOUT a trial, based on pleadings and affidavits. Used when there are no genuine disputes of fact.

Motion to Suppress

Used in CRIMINAL cases — asks the court to exclude evidence that was obtained illegally.

Statute of Limitations (SOL)

The deadline for filing a lawsuit or criminal charge. Applies in BOTH civil and criminal cases.

Discovery

The pretrial process where BOTH sides must share ALL of their evidence with each other. No secrets, no surprises.

Interrogatories

Written questions answered in writing, under oath, during discovery.

Depositions

In-person questioning under oath, usually recorded on video, during discovery. Allows real-time follow-up questions.

Why use depositions over interrogatories?

Depositions allow real-time follow-up questions, capture body language and demeanor, and prevent carefully lawyer-crafted answers.

Sanctions

Penalties imposed on a party that refuses to comply with discovery obligations.

Litigation Hold

When litigation is pending or imminent, a business must IMMEDIATELY stop all document destruction and preserve all relevant records.

5 Steps of a Litigation Hold

1) Stop all document destruction 2) Save all emails, texts, chats, voicemails 3) Appoint a document custodian 4) Notify employees to preserve records 5) Save the receipts

Spoliation

Destroying evidence after litigation is anticipated. Courts can heavily sanction this and may instruct the jury to assume the destroyed evidence was bad for that party.

Arbitration

A private, BINDING alternative to trial where a neutral arbitrator hears evidence and makes a decision. Both parties must comply.

Mediation

A NON-BINDING alternative to trial where a neutral mediator helps parties reach their OWN agreement. Either side can walk away.

Arbitration vs. Mediation

Arbitration = arbitrator DECIDES, binding. Mediation = mediator FACILITATES, not binding.

Voir Dire

The process of questioning potential jurors during jury selection to identify bias. French for "to speak the truth."

Opening Statements

Each side previews what they plan to prove at trial — like a movie trailer for the case.

Direct Examination

Questioning YOUR OWN witness at trial.

Cross-Examination

Questioning the OTHER SIDE'S witness at trial — trying to challenge their credibility or story.

Rebuttal

The plaintiff or government's opportunity to respond to evidence presented by the defense.

Jury Instructions

The judge explains the law to the jury before deliberation — tells them what legal standard to apply.

Jury Deliberation

The jury privately discusses the case and reaches a verdict — no lawyers or judge present.

Verdict — Civil

Liable or Not Liable.

Verdict — Criminal

Guilty or Not Guilty.

Judgment

The court's final decision in a CIVIL case, including any damages owed.

Sentence

The punishment issued in a CRIMINAL case after a guilty verdict.

Mistrial

When the jury cannot reach a verdict (hung jury). The case may be retried with a new jury.

Double Jeopardy

Constitutional protection that prevents someone from being tried TWICE for the same crime by the same government. Only applies to CRIMINAL cases — does NOT prevent a civil lawsuit.

Reasonable Suspicion

The LOWEST burden — specific, articulable facts that make a reasonable person think something might be going on. Used for police investigative stops.

Probable Cause

Facts and circumstances that lead a reasonable person to BELIEVE a crime occurred. Used for arrests and search warrants.

Preponderance of the Evidence

The burden of proof in CIVIL cases. Means "more likely than not" — just over 50%. The seesaw tips even slightly toward one side.

Clear and Convincing Evidence

A higher civil standard — requires firm belief or conviction. Used in fraud, terminating parental rights, and similar high-stakes civil cases.

Beyond a Reasonable Doubt

The burden of proof in CRIMINAL cases. The highest standard — the jury must be so sure that no reasonable doubt remains. Used because someone's freedom is at stake.

Civil vs. Criminal Burden of Proof

Civil = Preponderance of the Evidence (51%). Criminal = Beyond a Reasonable Doubt (highest standard).

O.J. Simpson Example

Acquitted CRIMINALLY (beyond a reasonable doubt not met) but found LIABLE CIVILLY (preponderance met — more likely than not). Same facts, two different standards.

Appellant

The party who LOST at trial and is now appealing to a higher court.

Appellee

The party who WON at trial and must defend the verdict on appeal.

Appellate Brief

The written legal argument filed with the appellate court explaining why the lower court was wrong.

Oral Argument

When attorneys briefly argue their case in person before appellate judges — not always permitted.

What do appellate courts review?

The RECORD from the lower court. They do NOT hold a new trial or hear new witnesses — they only look for legal errors.

Garnishment

A post-judgment enforcement tool where money is taken directly from the defendant's wages or bank account to satisfy a judgment.

Seizing Property

A post-judgment enforcement tool where the court orders the defendant's assets (car, house, etc.) to be taken to satisfy a judgment.

Full Litigation Road Map

Dispute → Try to Settle → Mediation/Arbitration → File Complaint → Service of Process → Discovery → Pretrial Motions → Trial → Verdict → Possible Appeal → Enforce the Judgment