Chapter 26: The American Civil Trial in Outline

criminal procedure

As in ________, the basic purpose of discovery is to ensure that both sides have adequate knowledge of the evidence known to the other.

Arbitration

________ is the use of a third party by agreement to decide disputes between the plaintiff and defendant, in lieu of hearing the dispute in courts.

common law system

In the ________, discovery is managed almost entirely by the counsel for the parties.

Mediation

________ is the use of a neutral third party to assist in negotiation.

verdict

If the ________ is entered for the defendant, the court enters an order dismissing the case.

American adversary system of civil procedure

The ________ is probably better known than any other to both lawyers and nonlawyers across the globe.

Post trial motions

________ are usually made by the losing party.

Civil litigation

________ is regulated by constitutional provisions, statutes, national and local court rules, and judicial decisions, but the bulk of this regulation comes from court rules.

legal research

The ________ includes researching and considering not only what doctrines of law might have been violated by the other party but also what remedies might be available against that party for those violations.

formal civil litigation

Although ________ begins with the service of a pleading by the plaintiff upon the defendant, in a manner of speaking the litigation begins much earlier- when the person, which may be a government or corporation, an individual, or a group, first discusses its problems with its lawyers.

Both types of rules are-like all codes in the United States

subject to considerable bodies of interpretative judicial precedent

The preparation and conduct of a civil trial are thus highly regulated and follow a general pattern, following these steps

Initial Investigation, Drafting and Service of Pleadings, Preliminary Motions, Discovery, Summary Motions, Pretrial Conference, Jury Selection, Trial, Jury Instruction, Verdict and Judgment, Post-trial Motions, Appeal, Execution, Settlements and Alternative Dispute Resolution

The management

and inquiry-by judges in the civilian system at this stage is very rare indeed in the common law