Legal Litigation Process and Court Procedures in Business Disputes

Litigation

Helps business community resolve disputes

Case

Triggering event that injures person or damages their property

Litigation Hold Letter

Ur on notice we are filing a lawsuit, you gotta keep everything we and you think is relevant to the case safe, if not its called spoliation/negative interference

Find an Attorney

Hourly flat rate or percentage of recovery

Standing

Plaintiff must prove standing to sue

To Prove Standing

Actual case or controversy or Plaintiff has personal stake

Agency Law

The common law doctrine controlling the relationship between principals and agents

Principle (Company)

Is always liable for torts committed while agent (employee) is doing official duties: employee engaged in furtherance of business of employer and acting with authority from employer

Exception: "Frolic and Detour"

To and from work or anything personal

Jurisdiction

Court's power/authority to enter a judgement against person or property, have to have subject matter and personal jurisdiction

Subject Matter Jurisdiction

Can court make a decision on this case type/subject?

Personal Jurisdiction

Does court have right to force defendant to attend trial and bind them to the decision?

3 ways to establish Personal Jurisdiction

Consent, In personam jurisdiction, minimum contacts

In Personam Jurisdiction

does person live in jurisdiction, usually state

If out of state

“minimum contacts” court sees if defendant “purposefully availed themselves of resources of the state” - did they use resources from the state

Venue

Which County Courthouse? Most convenient and practical location

Typically venue is

• Where defendant resides

• Where substantial part of events occurred

• Where witness and evidence are located

Complaint

Lawsuit filed with clerk of court containing allegations by plaintiff

What does complaint set out?

• Parties

• Jurisdiction

• Venue

• Facts

• Legal theories

• Request for relief

Answer

Written response to complaint by defendant either admitting or denying allegations

When do you have to file an answer?

Defendant will know they have to file an answer when they get served

Service of Process (Types of getting served)

2 Types: Personal Service and Substituted Service

Personal Service

handing it to defendant, most states allow service by mail

Substituted Service

leaving complaint at defendant’s home with someone who resides there “of suitable age” (someone over 14)

Default Judgements

Defendant fails to file an answer and defenses with the court, trial goes forward w no defense and damages only are decided

Discovery

Process by which both sides learn/discover all facts of case

Discovery methods

Interrogatories, Request for Production of Documents, Depositions

Interrogatories

Written question to other side asking them something and they have 30 day to answer

Alternative Dispute Resolution

Alternative to trial with judge and jury

Mediation

Mediator is a facilitator, non-binding unless parties agree

Arbitration

Arbitrator acts like a judge and decides, binding on parties, usually comes when you signed an arbitration agreement

Trial

Jury Summons and Jury Selection

Voir Dire

asking prospective jurors questions, means “to speak the truth”

Strikes/ challeneges for cause

unlimited, juror isnt unbiased for this case

preemptory strikes/challenges

limited number, any reason (not discriminatory),

Burden of Proof in Georgia

Criminal: Beyond a reasonable doubt; Civil: Preponderance of the evidence (>50%)

Evidence

Everything gathered during discovery

Direct Evidence

Directly proves/disproves a fact, without any inference

Circumstantial Evidence

Requires listener to make a judgement on the importance of the evidence and make an inference as to what it means

Verdict and Appeals

Verdict: decision of the jury; Appeals: losing parties have right to appeal case to higher court, 30 days to file appeal

Criminal Verdict

Guilty vs Not Guilty

Civil Verdict

Liable vs Not Liable

Outcomes of an Appeal

Affirm, Reverse, Remand: disagree with something that happened but not full reversal so its tried again

Res Judicata

A Matter Judged, decision of court is final