HSP MGMT 1133 1st Edition Lecture 3 Outline of Last Lecture I. 3rd Tier- Supreme Courta. Functions of the Federal Supreme Courtb. Composition of the Supreme Courtc. Types of Cases in the U.S. Legal system 12 Step Civil Case Modela. Incident Occursb. Demand from Plaintifc. Filing of lawsuitd. Service/Transmission of LawsuitOutline of Current Lecture II. 12 Step Civil Case Model- Continueda. Defendant’s Responseb. Discoveryc. Pretrial proceedingsd. Jury selectione. Deliberations and VerdictCurrent Lecture12 Step Civil Case Model Continued:5. Defendant’s response- if you are sued, you have to formally respond somehow. - How long? o In a federal lawsuit- 20 dayso In a state lawsuit- 30 daysThese 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.Consequences of not filing?- You can lose by default- so you lose without getting an opportunity to respond in courtWhat file? - Motion- asking the court for some type of order before the suit can proceed further, usually a way to stall for more time- Answer- either admits or denies the lawsuit; says whether it is true or not- Counterclaim- defendant comes back and tries to sue the plaintiff as well- These things can be filed in conjunction with one another or on their own 6. Discovery-What is it?- This is the time used by both parties to get facts on the case in order to successfully argueagainst the other party in court Purpose?- Trial preparation- Simplification of the issues- Encouragement of settlementsScope/boundaries?- Information that is relevant to the lawsuit that’s being decided- “Privilege” information is not used- information that is given to lawyers in good faith thatthey will not tell anyoneProcedure- You have to exercise your right to discovery, it does not occur automatically, each side has to take the initiative to discover facts about the case on their own timeMethods and devices- Interrogatories- written questions that one side sends to the other side to be answered- Document Request- written request for certain docs; ex) medical bills, insurance policies,etc- Depositions- oral discovery; attorneys get a witness into a room and they ask him questions and write it down; can be expensive- Medical/Mental exam- for use if someone is hurt but you don’t believe they are hurt as bad as they say they are, then you can have a medical doctor examine them- Request to inspect the business7. Pretrial proceedings- Motions (Summary Judgment)- Tells judge to dismiss the case without a trial, there is no basis for recovery8. Trial----Right to a petit jury?- Petit jury- the jury that comes to the trial to render a verdict on guilty or not guiltyWhen?- either side has a right to a jury in a civil case IF money damages are being sought A. JURY SELECTION Jury pool----How derived?- Jury pool is obtained through government records of some sortWhat are the qualifications? Who’s ineligible? Who’s exempt? Age: 21+ Citizenship: Most states require you to be a U.S. citizen to serve on the juryCharacter:How is the jury panel obtained? VOIR DIRE process- “To speak the truth”- Voir Dire- narrowing a large group down to a smaller group of jurors; aka asking people if they have any sort of connection to the case (maybe they own stock in the company being sued, or have issues with the race of the victim)Challenges to jurors:For cause- the lawyer calls out a juror and convinces the judge that that person is not a proper juror for some reasonEx) “Your honor, juror #5 says that he owns stock in the company being sued, so I’m convinced he will be biased in this trial and he is an improper juror” – then the judge can removethis juror from the casePeremptory- do not have to prove any reason for it saying that a juror is not a proper juror, each side can have 3 peremptory challenges; can base it on a “gut feeling”- Jury selection takes about 2/3 hours- Payment for Jury service- they do get paid, but the amount they are paid is very low; In Missouri, it is about $6 A DAY.- Also have protection against their jobs- cannot get fired for missing work due to jury dutyOpening statements- each lawyer from each side has a right to make a statement to the jury explaining what their evidence is going to be. It is basically a preview of the case you are going to make- Plaintiff goes first and calls a witness to the stand to engage in direct examination of the witness- What the witness says is called “testimony”- Lay witness- just a normal person who saw or heard something about the case- Expert witness- has an important opinion to offer; ex) doctor, scientist, auto mechanic, etcSome witnesses may have “exhibits”. Defendant may object to Plaintiff’s evidence and Defendant can cross examine these witnesses. When Plaintiff is done then he rests his case. Then Defendant has a case in chief-----same procedure with direct and cross examination, etc. Then D rests.D. Rebuttal is possible- does not always happen. Occurs if Plaintiff wants to call additional witnesses after the defense has rested their case.E. Instructions- court gives to jury which is the law that applies to the caseF. Closing Arguments- Plaintiff and Defense attorney argue their case to the jury one last time. 9. Deliberations and verdict---What is decided of the case?LIABILITY- does the defendant owe the plaintiff any money? and DAMAGES---What types of$$$$ will compensate the plaintiff for his injuries, etc. Two types of damages:Actual- compensatory damages- examples: medical bills, wage loss, the concept of pain and suffering, future medical care Punitive- designed to punish the defendant and to deter others from engaging in similar behaviorWhat resources and information does jury have?- They have their memory and their evidence and their notes if they were allowed to take them How many jurors must agree before a decision is reached? 9/12 must agree. What is BOP? POE-Preponderance of Evidence- 51 percent likelihood, 51% likely that what they say is