Deck 2 Litigation & ADR

Litigation & ADR

Where are most sport-law cases filed?

Civil court, typically beginning in district court or the state equivalent.

Who starts a civil lawsuit?

The plaintiff files a complaint against the defendant?

What are the major stages of a civil lawsuit?

Initial pleading → Discovery → Motion practice → Conclusion.

What does the defendant file in response to a complaint?

An Answer.

What are the four class-action requirements from class?

Numerosity, impracticability, commonality, representativeness.

What is discovery?

The exchange of information between parties before trial.

four major types of discovery?

Requests for admissions, interrogatories, document requests, depositions.

What is a deposition?

Sworn questioning of a person/witness before trial.

What are interrogatories?

Written questions that the other party must answer.

What is a dispositive motion?

A motion that can resolve all or part of a case without a full trial.

Important pretrial dispositive motion?

Summary judgement.

What does the judge do at trial?

Interprets law, acts as gatekeeper, and rules on admissibility of evidence.

What does the jury do?

Determines facts, assesses witness credibility, and renders the verdict.

five ways litigation may conclude?

Default judgment, dismissal, summary judgement, trial, settlement.

3 types of money damages?

Compensatory, punitive, nominal.

What do compensatory damages do?

Compensate the plaintiff for losses.

What do punitive damages do?

Punish particularly wrongful behavior.

What are nominal damages?

Small damages recognizing that a legal right was violated.

What is an injunction?

A court order requiring someone to do or not do something.

When is injunctive relief appropriate?

When money damages are inadequate.

three stages/types of injunction?

TRO → Temporary Injunction → Permanent Injunction.

What must a plaintiff generally show for a TRO/TI?

Likely success, irreparable harm, less harm to defendant, and public interest favors plaintiff.

Are attorney fees automatically recovered?

No. There are discretionary fees and court costs.

What can an appellate court do?

Affirm, reverse, or remand.

Is new evidence normally presented on appeal?

No. Appeals are based on the trial-court record.

What is mediation?

Neutral third party helps parties reach a settlement; mediator’s opinion is NOT binding.

What is arbitration?

Neutral arbitrator makes a decision that is generally final and binding.

Biggest difference: mediation vs. arbitration?

Mediation = non binding. Arbitration = binding