Business Law 301 - Civil Lawsuit Overview

Business Law 301 Study Notes

Litigation

Basic Outline of a Civil Lawsuit

  • Complaint and Summons

Complaint and Summons

  • Complaint Structure:

    • Identification of the Parties: Clearly states who the plaintiff and defendant are in the lawsuit.

    • Statement of the Court’s Jurisdiction: Indicates both subject matter jurisdiction and personal jurisdiction by the court over the parties involved.

    • Recitation of Facts: Describes the relevant background and facts that led to the lawsuit, supporting the plaintiff's claims.

    • Plaintiff’s Claims: Explicitly outlines the claims being asserted by the plaintiff against the defendant.

    • Prayer for Relief: Includes what the plaintiff seeks to gain from the lawsuit, such as damages.

    • Jury Demand: Indicates whether the plaintiff demands a jury trial.

Example of a Complaint

  • Court: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

  • Case Example: Utilimap Corporation, A Missouri Corporation vs. Resource Asset Management Solutions, LLC, a Delaware LLC

    • Plaintiff: Utilimap Corporation, a Missouri Corporation with principal place of business in St. Louis, Missouri.

    • Defendant: Resource Asset Management Solutions, LLC (RAMS), a Delaware LLC.

    • Filing Details: On or about December 5, 2013, RAMS filed a foreign limited liability company application and certificate of merger.

Service of the Defendant

  • The lawsuit officially begins with the filing of the Complaint.

  • The defendant must be served with a copy of the Complaint and a Summons to be formally brought into the lawsuit.

    • Summons Definition: A formal notification of the lawsuit, indicating the defendant's obligation to respond.

    • Response Time: The defendant has 21 days post-service (or 60 days if a United States entity) to answer or respond.

Litigation Hold or Document Preservation Notice

  • Importance: Preservation of potentially relevant evidence is crucial to avoid additional claims or consequences.

  • What is a Litigation Hold?: A formal notice issued to individuals in an organization to preserve specific materials relevant to the lawsuit.

    • Contents of the Notice: Instructions for gathering, storing, or retaining necessary data, which may include metadata.

  • Timing:

    • For plaintiffs, it should occur before the lawsuit is filed.

    • For defendants, this should occur no later than when they receive the Complaint, or earlier if litigation is anticipated.

Example of a Litigation Hold Notice

  • Need for Preservation: Advising personnel that relevant records should not be deleted or modified without approval.

  • Examples of Preservation Systems: Computers, emails, USB drives, hard copies, etc.

Answer or Otherwise Respond to Complaint

  • The defendant can file a response, which can be an answer or a motion, such as:

    • Motion to Dismiss: May be filed on grounds such as lack of subject matter jurisdiction, personal jurisdiction, or failure to state a claim.

Answer Structure

  • Defendant's Response: The Answer should respond to each allegation, assert affirmative defenses, and lay out any counterclaims or cross-claims.

Example of an Answer to a Complaint

  • Court: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

  • Case: Utilimap Corporation vs. Resource Asset Management Solutions, LLC

  • Defendant’s Response:

    • Admits allegations in certain paragraphs.

    • Denies allegations in other paragraphs.

    • Specifies legal conclusions where no response is required.

Pleadings

  • Definition: The Complaint, Answer, and any responses to cross or counterclaims are collectively known as Pleadings.

  • Importance: Pleadings set the initial scope of the lawsuit.

Discovery

  • Definition: Phase where both parties search for evidentiary information relevant to the case.

  • Scope of Discovery: Each party may obtain discovery of any relevant, non-privileged matter which is proportional to the needs of the case.

Initial Disclosures

  • Requirements in federal court to disclose basic information at the onset of discovery include:

    • Individuals with discoverable information.

    • Categories of information that may be relevant.

    • Calculation of damages sought.

    • Applicable insurance policies.

Discovery Tools

  • Interrogatories: Written questions requiring answers under oath.

  • Requests for Production of Documents: Asking parties to produce specific documentations.

  • Requests for Admission: Statements that another party must admit or deny.

  • Depositions: Questioning witnesses under oath with court reporting.

  • Subpoena: Court order requiring a non-party to produce documents or appear for examination.

Motion for Summary Judgment

  • Definition: A request to the court to rule that the other party has no case due to lack of sufficient evidence.

  • Contents: Evidence must include deposition transcripts, documents (emails), and sworn declarations.

  • Outcome Requirements:

    • No genuine dispute exists on material facts.

    • Movant is entitled to judgment as a matter of law.

Trial

Stages of a Jury Trial

  • Voir Dire: Selection of jurors through questioning to identify potential biases.

  • Opening Statements: Each party presents introductory remarks outlining their case expectations.

  • Plaintiff’s & Defendant’s Cases-In-Chief: Presentation of evidence and witness examination by both sides.

  • Closing Statements: Each side summarizes their arguments, often after jury instructions.

  • Jury Deliberations and Verdict: Jury discusses and renders a decision, leading to judgment.

Jury Instructions

  • Instructions provided to the jury regarding the law affecting their deliberations, including evidentiary standards (e.g., preponderance of the evidence for civil cases).

  • Written jury instructions and a verdict form are given to assist in decision-making.

Appeal

  • Post-trial procedures that allow for challenging the verdict or certain court rulings but subject to specific grounds and timelines established by law.