LS 226 Midterm

Civil litigation

resolution of disputes between private parties through the court system

Role of plaintiff

the aggrieved party

Role of defendant

the party against whom the complaint if filed

Stages of a lawsuit

Information gathering, Pleading, Discovery and Motion (Pre-trial), Trial and post -trial proceedings

Legal Remedies

Money damages,Compensatory damages, Punitive damages

Equitable Remedies

Injunctive relief, Declaratory relief

Litigation chart

elements of claims, sources of proof, informal fact investigation, formal discovery

Goals of the initial client interview

Determine the client's goals and objectives, Determine whether representation by your firm is appropriate, Start to formulate a plan to address the goals/objectives of your client., Establish a rapport-forge a relationship based on trust and communication.

Informal investigations

before the lawsuit is filed Client, Exhibits, Witnesses, Experts, Interview the client, obtain all key documents and other exhibits, identify and interview witnesses, consult experts early.

Subpoena

a written court order compelling a nonparty to appear or produce documents or other tangible items

Contingency Fee

lawyer receives a certain percentage of the recovery obtained by the client as compensation.

Hourly Rate

lawyer bills the time spent on a case and that constitutes the compensation.

Fixed Flat Fee

lawyer receives a predetermined sum as the fee, regardless how much work is expended on the client's behalf.

Costs

out of pocket expenses incurred by lawyers in the course of representation

A retainer fee

the amount a client pays to the lawyer at the beginning of the representation. It ensures payment.

Billing

Agreement should indicate when fees and costs will be billed. The most common arrangement is monthly.

Litigation plans

1.Reevaluate the client's objectives, priorities, and cost constraints 2.Define the client's litigation objectives 3.Develop a "theory of the case" 4.Plan the pleadings 5.Plan the discovery 6.Plan the dispositive motions 7.Plan the settlement approach 8.Develop a litigation timetable

Demand letters

notify the other side of your intent to sue unless an acceptable settlement is reached

Personal Jurisdiction

the power of a court to bring a party before it and to make a decision binding on such a person.

In personam jurisdiction

court's power to personally bind the parties to the court's judgment.

Long-arm statutes

are state laws that enable a court to exercise jurisdiction over a defendant who is outside the geographical boundaries of the court

Due process

a constitutional doctrine requiring fairness in judicial proceedings

International Shoe

Establishes the minimum contact test For out-of- state defendants, due process requires that such defendants "have certain minimum contacts with it such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.

Subject matter jurisdiction

The power of a court to hear particular matters.

Federal question

district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

Diversity jurisdiction

the power of the federal court to hear controversies between citizens of different states

Summons

a notice that accompanies a complaint. It commands the defendant to appear and defend the action within a certain time period or else judgment may be entered against the defendant.

Complaint

the document filed by the aggrieved party to commence litigation. 1. Statement showing subject matter jurisdiction;2. Statement of claims showing the plaintiff is entitled to relief; and 3. Statement of relief requested.

Formal Discovery

during the lawsuit through discovery. Depositions, interrogatories, etc.