Law 3220 1st Edition Lecture 4 Outline of Last Lecture I Chapter 2 Continued II Stages of a Lawsuit a Pleading Stage b Responses to a Complaint c Discovery d Pretrial Stage e Jury Selection Outline of Current Lecture I II III IV V Trial Stage Damages Injunctions Settling Clauses Current Lecture o 6 Trial Stage Each gives their opening Plaintiff is the first witness is questioned by his party then cross examined Rules of Civil Procedure govern the questioning cannot ask questions that suggest the answer Evidence comes in through the witness Motion for a Direct Verdict Closing Arguments Talk about what the facts lead you to believe Final thing is the verdict If anything happens with the jury the verdict will be thrown out Monetary Damages o Compensatory Make up for what was lost o Punitive Damage meant to punish o Nominal Not much Equitable Remedy Must complete an action to make things equal Injunctions o Permanent or Preliminary stop you from doing something Naples vs Keystone Building and Development Family worked with company to build new house lots of problems Naples sued Keystone for damages Keystone only had to pay for half 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 the damages that were evaluated because there wasn t enough proof that the cost of the damage was what Naples said it was To file an injunction o 1 Have to have a good case o 2 Threat of injury outweighs the injunction o 3 Won t hurt a competitor Look for errors in law in order to appeal Appeal o 1 File a written brief of all the errors from the record o 2 Oral arguments o 3 Three judges either affirm decision stands modify slightly change decision reverse overturn or remand send it back for another trial the decision Don t have to pay attorneys fees if o 1 Contract that says the other one will pay the attorneys fees o 2 Statute in the state that says that Settling a lot of cases settle because people want to control what will happen instead of entering into trial and not knowing what will happen o 3 Ways to settle 1 Negotiation 2 Mediation Mediates between the two parties cannot make the parties do anything but comes up with a deal tries to work both sides to a resolution 3 Arbitration A non governmental for profit judge makes a binding decision often judge is an attorney or an expert Faster than going to trial more private cheaper Chapter 4 The Constitution Commerce Clause is the most important clause for businesses Typically any business that is done is interstate commerce Federal government has more power with commerce Necessary and Proper Clause Congress can do anything that is necessary and proper to carry out the commerce clause McCullough vs Maryland Can Congress establish a national bank Under Necessary and Proper clause yes Said that Congress had the power to regulate all banks State can t enact a law at the state level if it interferes with interstate commerce o Ex Federal law that says in Alaska you can t sell trees out of Alaska you have to turn it into timber Alaska tried to pass the same law but Congress said no Alaska you can t pass the law even if it s the same because you don t have the right to make laws about interstate commerce Hughes vs Oklahoma Law against bringing minnows across state borders to protect Oklahoma wildlife court said that was wrong because it hurt out of staters and protected the Oklahoma market