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.