Litigation FLASHCARDS

I. ALTERNATIVES TO LITIGATION

• Mediation:

  • A process involving a neutral third party (mediator) who facilitates dialogue between disputing parties.

  • The mediator does not impose a decision; instead, the goal is to help parties reach a mutually agreeable solution.

• Arbitration:

  • A formal process wherein parties agree to submit disputes to a neutral arbitrator.

  • The arbitrator's decision is binding, and both sides can present evidence and witnesses during the proceedings.

II. LITIGATION: JURISDICTION

• Definition: Jurisdiction refers to a court's authority over legal controversies and the parties involved in litigation.

A. Types of Jurisdiction - Overview

1. Subject Matter Jurisdiction:

   • The court's authority to rule on issues specific to the case.

   • State Courts: General jurisdiction (cases not designated to specific courts) and limited jurisdiction (e.g., family court).

   • Federal Courts: Authority limited to specific issues involving federal law or cases with a party from the U.S.

2. Personal Jurisdiction:

   • A court's authority to make decisions affecting specific persons or property involved in the lawsuit.

3. Requirements:

   • Both subject matter and personal jurisdiction are required for a court to hear a case.

III. SUBJECT MATTER JURISDICTION OF FEDERAL COURTS

• A. Federal Question Jurisdiction:

  • Federal District Courts have original jurisdiction on matters arising under the Constitution, federal law, or treaties.

• B. Diversity Jurisdiction:

  • Jurisdiction applies if the amount in controversy exceeds $75,000 and diversity of citizenship exists; disputes can involve various subject matters.

  1. Diversity Definition: Exists when parties are citizens of different states or one is a state citizen and the other an alien.

  2. Citizenship Determination: For individuals, citizenship is based on domicile; for corporations, it's determined by state of incorporation and principal place of business.

  3. Exclusive vs. Concurrent Jurisdiction: Most federal jurisdictions are concurrent with state courts, meaning cases can be filed in either court except in specific actions where federal courts have exclusive jurisdiction.

  4. Removal Jurisdiction: If federal question or diversity jurisdiction is present, defendants can move the case from state to federal court if originally filed in state court.

IV. PERSONAL JURISDICTION OF THE COURTS

• A. Definition: A court has personal jurisdiction if it can determine the rights and responsibilities of the parties involved and bind them.

B. Bases of Jurisdiction

1. Domicile within the state of the defendant.

2. Consent from the defendant before or after lawsuit initiation.

3. Minimum Contacts Requirement: Defendants must have sufficient connections to the state, ensuring maintenance of the suit aligns with fair play and justice (e.g., doing business or entering contracts in the state).

4. Long Arm Statutes: Most states have regulations detailing specific acts that create necessary minimum contacts for non-resident defendants.

V. CONFLICT OF LAWS

• Issues can arise when laws from multiple states may apply; the court must determine which state's law governs.

VI. PLEADING STAGE OF LITIGATION

• A. Objective: Pleading serves to notify the parties of the general issues at stake in the dispute.

B. The Summons & Complaint

• A civil action begins with filing a complaint and formally notifying the defendant.

C. Challenges to the Complaint

• Demurrer/Motion to Dismiss: Defendants may argue that the complaint is flawed, such as lack of jurisdiction or expiration under the statute of limitations.

D. The Answer

1. The defendant may admit or deny allegations, clarifying the controversy.

2. Affirmative Defenses: New facts that, if proven, could prevent liability for the defendant may be introduced in the answer.

3. Counterclaims: The defendant can assert claims against the plaintiff, irrespective of their relation to the original complaint.

E. Default Judgement

1. If a defendant fails to answer, a default judgment can be entered against them.

2. Obtaining Judgment: Plaintiffs must seek formal default judgment, limited to what is claimed in their complaint.

3. Setting Aside the Default: Defendants can request a default judgment be overturned by demonstrating a legitimate excuse for their non-response, like inadvertence or neglect.

VII. DISCOVERY STAGE OF LITIGATION

• A. Purpose: To equip each party with relevant evidence and understanding of the opposing side's case before trial.

B. Scope of Discovery

• All nonprivileged information relevant to the case, regardless of admissibility, can be explored to uncover evidence.

C. Basic Discovery Devices

1. Interrogatories: Written questions necessitating responses from parties.

2. Depositions: Witness examination under oath, recorded by a court reporter; parties can have counsel present for questioning.

   • Transcription: Deponents may review and correct their recorded testimonies.

   • Use of Depositions at Trial: Typically inadmissible unless used for impeachment or admission against a party.

3. Requests for Admissions: A mechanism to compel parties to acknowledge facts not in dispute to simplify the trial.

4. Documents and Physical Inspection.

5. Medical Examinations.

VI. TERMINATING THE CASE WITHOUT TRIAL

• A. Summary Judgment Motion:

  • A request for the court to rule in favor of one party if other party's claims are deemed lacking legitimacy, without going to trial.

  1. Procedure: Generally involves a hearing.

  2. Appeal: Summary judgments can be appealed; however, denials of summary judgment are usually not appealable decisions.

VII. TRIAL

• Overview of trial processes, procedures, and stages involved in presenting a case in court.

VIII. APPEAL

• The process of seeking a higher court's review of a lower court's decision.

IX. ENFORCING THE JUDGMENT

• Various methods to ensure compliance with a court's judgment and to secure financial recovery, including:

  • Judgment Debtor's Exam: A procedure to assess the debtor’s ability to pay.

  • Garnishment: Withholding a portion of the debtor's earnings or assets.

  • Keeper: Appointing an individual to oversee and ensure compliance with the judgment.

  • Writ of Execution: A court order to enforce a judgment, which may involve seizing property.