BUSA 310 Lecture 2 Outline of Lecture 1 Intro to the Class I Chapter 1 II Chapter 2 a Ethics and responsibility Outline of Current Lecture II Chapter 3 File or Settle a Alternative Dispute Resolutions b Lawsuits III Chapter 5 Torts and Damages Current Lecture Chapter 3 First you must consider the details of the lawsuit the details can help determine how to go about resolving the dispute Example car accident Considerations could be I II III IV V VI Was the driver drunk What type of damage occurred Type of car Who was at fault Was there personal injury Were there any witnesses When the facts are far in one sides favor the case can be quickly and easily settled So before filing for a lawsuit you must weigh out the considerations When big companies are involved settling is usually the best option because it won t bring as much attention to the issue preventing the company from being investigated and the issue being publicized When both sides do not want to go to court ADRs are the next option ADR stands for alternative dispute resolution These are alternatives to filing for a law suits There are three types of ADRs negotiations mediations and arbitrations I Negotiations These notes represent a detailed interpretation of the professor s lecture GradeBuddy is best used as a supplement to your own notes not as a substitute II III a Very old fashioned and not used as much today This is when the parties work the issue out themselves which can start on the spot This way makes solving the problems faster and is the first but not only step to mediations which are next Mediations a When the parties get together and agree on a mediator to be neutral and unbiased This method is very common The mediator must be independent know the law and understands the case The mediator s main goal is to make both sides understand the economic risks and settle the case but the case isn t always settled with mediation During a mediation the parties anonymously submit their sides of the story to the mediator stating their terms and issues and how far along they are in the negotiation with the other party Mediation statements are confidential between parties they are used for the mediator to get the facts of the case The mediator uses these facts and goes back and forth between the parties to help them come to an agreement on a settlement Mediation helps the parties meet in the middle These can be court ordered or just on request but the time that they occur is important and can help the case later A good settlement is when both sides are mad one side didn t get enough money while the other side paid too much Arbitrations a All parties agree on a third party to make a decision called an arbitrator This technique is similar to mediation except this method guarantees a decision Can be like a small trial with sometimes about 3 arbitrators The evidence is presented and a decision is made sometimes without reason Contracts can have arbitration clauses with require this type of method to be done before any other actions This method is more formal than mediation and is easier with concrete situations When none of these options work then the parties will file for a lawsuit Before filing make sure the state you are filing in has jurisdiction over the case Jurisdiction is usually held in the state where the accident or issue occurred even if the people involved are not from that state If the law that is broken is a federal than it can be held up in federal court also if all parties are from a different state or there is more than 75 000 dollars at stake Why would people want to take their case to federal court To avoid certain jurisdictions because different states and different counties have different jurisdictions that can be in favor or against their specific case Actions of a Lawsuit I II III IV V Put in a Complaint the complaint must be submitted to the court containing allegations of what happened and what they want in return for the problem or accident In some states these complaints must be very detailed but not in WV This must be filed in the county that you want it to be tried in Answer to the Complaint the defendant must respond to the plaintif s complaint defendant being the person company that the plaintiff is filing against Gives their side and answers all allegations in the complaint This helps show what allegations are up for dispute Discovery this step is what starts the expenses and how the facts are found for both sides of the case a Interrogatories these are written questions that must be answered usually with your lawyer under oath If these questions are not answered carefully they can end up being held against you Also these never go away and are always kept on file Good ways to answer the questions is to only answer what is being asked and no more make the answers narrow and simple b Other parts of discovery are Request Production and IMEs independent medical exams Request production is when the parties are required to produce all documents or articles or things that can be used in the case IME s are used to prove medical conditions and their causes and can be requested by the court Medical records are entitled to lawyers and are used in discovery Electronic Discovery can be useful in looking into computers and cellphones for information but it s very expensive A Litigation Hold can be applied which means no evidence information can be destroyed past a certain date c Deposition when you go into a room and are asked questions with your lawyer by the opposing side s lawyer These interviews are videotaped and go as long as needed The lawyer can ask you any questions and you must answer under oath Summary Judgement Used when there are multiple allegations in a complaint If the facts were not true or evidence proved otherwise or there just wasn t enough evidence at all then the case can be thrown out Trial after the case has made it through all the steps then it is taken to trial a First is jury selection jury is selected by being asked certain questions to understand what their stance would be regarding the case Must be truthful If a lawyer does not want a certain juror they can X them without reason b Opening Statements describe the case to the jurors stating the facts Plaintiff goes first then the defendant c Evidence plaintiff goes first and brings up their witnesses for questioning then their witnesses can be cross examined between lawyers d Closing Arguments brings everything together and tries