BUSA 10
Litigation Process Overview
The litigation process involves several key stages, beginning with jury selection up to the final judgment and potential appeals.
Jury Selection
Process of Elimination: Jury selection is more about eliminating unsuitable jurors than selecting ideal ones.
Once selected, the jury learns about the case through the opening statements.
Opening Statements
Definition: Opening statements are previews of the expected evidence, not arguments since no evidence has been presented yet.
Purpose: Lawyers typically undersell the evidence to ensure they can meet the expectations when presenting evidence later.
Presentation of Evidence
Evidence can be presented through:
Witness Testimony: Witnesses are sworn in and provide their accounts.
Exhibits: Physical documents or objects related to the case.
Direct Examination: Conducted by the plaintiff’s attorney where they ask their witness questions.
Cross Examination: Followed by the defense attorney asking questions limited to topics covered in direct examination.
Redirect Examination: The plaintiff’s attorney may clarify any issues raised during cross-examination.
Recross Examination: The defense may follow up on the redirect examination.
This cycle continues until all evidence is presented by both parties.
Plaintiff's Case in Chief
Structure: The plaintiff's attorney calls witnesses and ensures all elements of their claims are addressed.
Use of a checklist can ensure that all anticipated evidence is included.
Motion for Directed Verdict
The defendant can motion for a directed verdict when they believe the plaintiff hasn’t proven their case adequately.
The judge assesses if any reasonable juror could possibly find in favor of the plaintiff, preserving the case for jury deliberation.
Defense Case in Chief
Examination Process: The defense presents their witnesses, and the same structure of direct, cross, redirect, and recross examinations applies.
The aim here is to prove affirmative defenses or weaken the plaintiff's case.
Rebuttal
The plaintiff can challenge the defense’s evidence through their rebuttal.
The defense may have a rejoinder to further defend their position.
Rules of Evidence
Evidence must meet three R's:
Relevant: Must tend to prove or disprove critical facts of the case.
Reliable: Concerns around hearsay; hearsay may not be admitted unless it satisfies specific exceptions.
Real: Exhibits must be shown to be what they claim to be.
Jury Instructions
After the presentation of evidence, the judge holds a conference to determine the jury instructions, which guide the jury on relevant aspects of law for deliberation.
Closing Arguments
Lawyers summarize the evidence and present their respective cases convincingly tailored to the jury instructions.
They argue for the desired verdict based on the evidence presented during the trial.
Verdict and Judgment
Verdict: The jury’s decision about the facts of the case.
Judgment: The official ruling by the judge based on the jury’s verdict.
Post-Trial Motions
Motion for New Trial: Claims issues during the trial necessitated a new trial.
Motion for JNOV (Judgment Notwithstanding the Verdict): Judge alters the jury's decision if convinced a different outcome is warranted based on evidence presented.
Appeals Process
Starting Appeal: The party wishing to appeal files a notice of appeal, leading to the preparation and filing of appellate briefs.
Oral Arguments: In appellate court, both parties can present their arguments, with judges asking questions to clarify points.
Decisions: The appellate court can affirm, reverse, or remand the case based on the arguments and evidence presented.
Alternative Dispute Resolution (ADR)
Definition: Any method used to resolve disputes outside of litigation, such as negotiation, mediation, and arbitration.
Advantages: Generally cheaper and can decrease court caseloads.
Public vs. Private: Litigation is public, while ADR is typically private, raising concerns about transparency and appropriate accountability in disputes.
Motion for Directed Verdict
Definition: The defendant can file a motion for a directed verdict when they believe the plaintiff hasn’t proved their case adequately.
Purpose: To assess if any reasonable juror could possibly find in favor of the plaintiff, preserving the case for jury deliberation.
Motion for Judgment Notwithstanding the Verdict (JNOV)
Definition: A motion made after the jury delivers its verdict, seeking to overturn that verdict.
When Used: Filed when the judge believes that no reasonable jury could have reached that verdict based on the evidence presented, allowing the judge to alter the jury's decision as warranted.
Rebuttal: The plaintiff can challenge the defense’s evidence through their rebuttal. The defense may have a rejoinder to further defend their position.
Rejoinder: The defense has the opportunity to present a rejoinder following the plaintiff's rebuttal, further defending their position against the challenges raised.
Hearsay: A statement made outside of the courtroom that is offered for the truth of the matter asserted. Hearsay is generally inadmissible as evidence unless it falls under specific exceptions. The Reliability aspect of evidence pertains to the concerns surrounding hearsay.