Class 2 Reading

Chapter I: Trial Court Procedure in Torts Cases

Overview of Appellate Courts

• Most cases discussed are decided by appellate courts.

• Importance of studying appellate decisions:

  • They provide an early coherent record of tortious occurrences.

  • Insights into legal system treatment of these occurrences.

• Challenges of appellate focus:

  • Can be likened to "looking through the wrong end of a telescope": clarity is lacking, and understanding requires skill.

  • Essential to identify what the appellate court conveys to the trial judge regarding handling of the case.

• Understanding the appeal process:

  • A tort case reaches an appellate court due to dissatisfaction from at least one party with the trial court's decision.

  • The appellant (the party appealing) must assert a legal error made by the trial judge, not just that the result was unjust.

Stages of Tort Lawsuits

A. Filing of the Complaint

• Initiation of a lawsuit involves the plaintiff filing a complaint, which is then served to the defendant.

• The complaint outlines the plaintiff's version of the facts, expecting them to be proved at trial or conceded by the defendant.

• Legal consequence:

  • A basis for an award of damages or other relief (e.g., injunction) to the plaintiff.

B. Defendant's Response

1. Motion to Dismiss:

   • The defendant may file a motion to dismiss the complaint for failure to state a legally valid claim.

   • The argument states: "Assuming the plaintiff's facts are true, the law does not provide a remedy."

   • Example:

     • Complaint alleges emotional distress from being insulted. The motion argues this does not constitute tortious conduct.

2. Answer:

   • If the case is not dismissed, the defendant files an answer, usually denying the plaintiff's version of facts and providing their own.

   • Essential pleadings are the complaint and answer, which formalize the case for trial.

C. Summary Judgment Motions

• Either party can seek summary judgment for all or parts of the dispute.

  • Focus on defensive motions, particularly from the defendant:

  • Similar to a motion to dismiss but includes additional facts.

  • Example:

  • Plaintiff alleges unlawful confinement; defendant shows they acted under a judicially approved commitment order.

  • Summary judgment should be granted if no reasonable person could rule in favor of the plaintiff.

D. Trial Procedures

1. Jury Selection:

   • Upon reaching trial date, the judge and lawyers select a jury.

   • Attorneys may attempt to influence jurors early on.

   • Potential for appellate court review if improper remarks are made during selection.

2. Opening Statements:

   • After jury selection, attorneys give opening statements outlining their theories and expectations of evidence.

   • Reversible error can occur from improper remarks during this phase.

E. Presentation of Evidence

• Following opening statements, the plaintiff's lawyer presents their case:

  • Introduction of evidence through witnesses and documents.

  • Opportunity for the defendant to cross-examine witnesses.

  • Judge rules on the admissibility of evidence.

  • Example: If improper evidence is admitted or relevant evidence is excluded, it may constitute reversible error.

F. Directed Verdict Motions

• After the plaintiff's case in chief is concluded:

  • The defendant can file for a directed verdict, claiming the plaintiff has not met the burden of proof.

  • Example scenario of insufficient evidence leading to a granted motion.

G. Concluding the Trial

1. Defendant's Case:

   • If the judge denies the directed verdict, the defendant presents their case.

2. Closing Arguments:

   • Followed by closing arguments from both sides, which can also yield appellate issues if errors occur during arguments.

H. Jury Instructions and Verdict

• The judge instructs the jury on applicable law, which is a critical point for potential errors:

  • Misstatements or omissions in instructions can lead to appellate claims.

• Upon deliberation, the jury returns a verdict.

I. Post-Verdict Motions

1. Motion for Judgment Notwithstanding the Verdict (JNOV):

   • Similar to directed verdict motion, asserts only one reasonable outcome exists.

   • Practical advantage: allows reinstating of jury verdict if JNOV is contested.

2. Motion for New Trial:

   • Seeks a re-examination of the case because the trial contains significant errors.

J. Summary of Potential Trial Errors

• Types of reversible errors a trial judge may commit in tort cases:

  1. Motions to dismiss.

  2. Motions for summary judgment.

  3. Permitting/improperly restricting statements in jury selection, opening/closing arguments.

  4. Admissibility of evidence.

  5. Motions for directed verdict.

  6. Jury instructions.

  7. Motions for JNOV.

  8. New trial motions, including damages adjustments (remittitur/additur).

K. Burden of Proof in Torts

• The plaintiff typically bears the burden of proof on factual elements:

  • Requires evidence to persuade a jury that their account of the facts is more probable than not (preponderance of evidence standard).

  • Burden of proof includes:

  • Burden of Production: Requirement to present evidence.

  • Burden of Persuasion: Sufficiency of evidence to convince fact-finders.

• Contrast with criminal law standards, which often require proof beyond a reasonable doubt.