⋆.𐙚 ̊ bus. law [chapter five]: court procedures

adversarial system of justice

two sides argue their case and a neutral judge or jury decides

representation

clients can be represented by a lawyer or represent themselves (pro se)

due process

courts must give people notice (tell them about the case) and a fair, impartial hearing before making decisions that affect their rights 

first step in litigation

contacting an attorney to discuss the case

types of attorney fees

1. fixed fee

2. hourly fee

3. contingency fee (lawyer only gets paid if you win)

pretrial litigation process

1. pleadings: filing the complaint and answer

2. discovery: both sides gather evidence from each other

3. dismissals and pretrial motions: case can be dropped or narrowed

4. settlement conference: meeting to try to settle before trial

pleadings: complaint / petition

• jurisdiction and venue: court must have the authority and be in the right location

• facts: explain what happen

• prayer: what do you want the court to do (money, order, etc) 

what is the service of process

1. defendant gets a complaint and summons

2. gives court personal jurisdiction over defendant

3. corporate defendants served through registered agent

4. out of state defendants served under long-arm statues

pleadings: answer

defendant’s response to each allegation in the complaint

types of defendant’s responses to allegations

1. general denial

2. change of venue: request case moved

3. affirmative defenses: provide legal reasons why they aren’t responsible

4. counter-claim: sue plaintiff back

5. cross-claim: sue another defendant in the same case

discovery process

both sides gather information to prepare for trial

examples:

• depositions (sworn statements from witnesses)

• interrogatories (written questions answered under oath)

• requests for documents

pretrial options

• mediation/arbitration: try to solve case outside court

• default judgement: if defendant doesn’t respond, plaintiff automatically wins

• dismissal: case dropped (with or without prejudice) 

types of trial

1. bench trial

2. jury trial

bench trial

judge decides, no jury

jury trial

jury decides facts

steps in a jury trial

1. jury selection

2. opening statements 

3. plaintiff’s case

4. defendant’s case

5. closing arguments

6. judge decides admissibility

7. verdict

jury selection (voir dire)

lawyers question jurors and pick final jury

plaintiff’s case

plaintiff presents evidence and witness (direct exam and cross-exam)

judge decides admissibility

judge decides what evidence the jury can hear

standards of proof

1. criminal case: beyond a reasonable doubt (jury must be unanimous, if not mistrial / hung jury)

2. civil case: preponderance of evidence (most likely than not, majority of jurors must agree) 

what can a losing part do in post trial?

• motion for a new trial

• judgement notwithstanding the verdict (ask judge to change jury’s decision)

appeals

an appellant (losing part) can file a brief explaining why the trial court was crong

what can appeals court do?

1. affirm (agree with lower court)

2. reverse (disagree and change outcome)

who can appeal?

• in a civil case: either party

• in a criminal case: only the defendant

what happens id a defendant doesn’t pay or comply?

1. seizure and sale of assets

2. garnishment (court orders money taken from wages or bank account)

renewing a california judgment

judgement expires after ten years but can be renewed before it ends