Litigation in the US Rare A combination of fact find with legal policies An adversarial process
Adversarial Process; an effective adverbial process requires: Neutral arbiter fair , effective representation of the parties Adequate informationCivil Procedure: set of laws and rules that govern court procedure in the adjudication of civil disputes Implement substantive rules and policies Instill sense of fairness Maintain efficiency Criminal procedure: set of laws and rules that govern court procedure in the adjudication of criminal disputes
Pre-Trial Steps in Litigation Initiate proceedings/ find an Attorney Informal Discovery Pleadings Discovery Pre-trial Conference
Initiating a Lawsuit Will a lawyer take the case Is it worth it to incur the costs of litigation? Finding an Attorney For-profit businesses. They are paid through A flat fee for services An hourly rate A contingency fee 2. Informal Discovery The plaintiff will notify the defendant of the dispute, seek a resolution, and learn from the interaction 3. Pleadings Complaint Lays basis for jurisdiction of the curt Identifies and notifies the defendant States the legal claim Frames issues of fact Defendant’s Potential Responses Ignore and risk default judgment Motion to dismiss Fill an answer and perhaps provide a counter-claim 4. Discovery Focuses and preserves recollections ad evidence Allows assessment of the strengths of each party’s case Sharpens the effectiveness of Trial 5. Final Pretrial Steps Motions: Motion to Dismiss or Motion for summary judgment Pretrial Conference Final preparations: narrow issues, stipulate facts
Consists of depositions, interrogatories, and requests for documents and other evidence Advantages: Scheduling Settlement negotiations The process that is synonymous with “filed a lawsuit” is the point in the pleading process that a suit has been initiated
Litigation in the US Rare A combination of fact find with legal policies An adversarial process
Adversarial Process; an effective adverbial process requires: Neutral arbiter fair , effective representation of the parties Adequate informationCivil Procedure: set of laws and rules that govern court procedure in the adjudication of civil disputes Implement substantive rules and policies Instill sense of fairness Maintain efficiency Criminal procedure: set of laws and rules that govern court procedure in the adjudication of criminal disputes
Pre-Trial Steps in Litigation Initiate proceedings/ find an Attorney Informal Discovery Pleadings Discovery Pre-trial Conference
Initiating a Lawsuit Will a lawyer take the case Is it worth it to incur the costs of litigation? Finding an Attorney For-profit businesses. They are paid through A flat fee for services An hourly rate A contingency fee 2. Informal Discovery The plaintiff will notify the defendant of the dispute, seek a resolution, and learn from the interaction 3. Pleadings Complaint Lays basis for jurisdiction of the curt Identifies and notifies the defendant States the legal claim Frames issues of fact Defendant’s Potential Responses Ignore and risk default judgment Motion to dismiss Fill an answer and perhaps provide a counter-claim 4. Discovery Focuses and preserves recollections ad evidence Allows assessment of the strengths of each party’s case Sharpens the effectiveness of Trial 5. Final Pretrial Steps Motions: Motion to Dismiss or Motion for summary judgment Pretrial Conference Final preparations: narrow issues, stipulate facts
Consists of depositions, interrogatories, and requests for documents and other evidence Advantages: Scheduling Settlement negotiations The process that is synonymous with “filed a lawsuit” is the point in the pleading process that a suit has been initiated
