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Mizzou HSP_MGMT 1133 - 12 Step Civil Case Con't: Steps 10-12
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HSP MGMT 1133 1st Edition Lecture 4 Outline of Last Lecture I. 12 Step Civil Case Model- Continueda. Defendant’s Responseb. Discoveryc. Pretrial proceedingsd. Jury selectione. Deliberations and VerdictOutline of Current Lecture II. 12 Step Civil Case Model- Continueda. Post-Trial Proceedingsb. Compliance Programc. Appeald. Procedure to Perfect an Appeale. Costs of Civil LitigationCurrent Lecture:12 Step Civil Case Model: Step 10-1210. Post-Trial proceedings- each side files motions for the courts consideration; ie) file motion for another trial, change the jury verdict, 11. Compliance program- is there insurance? What does insurance cover?- Contractual obligation is to defend the insured and indemnify- Insurance policies will typically cover actual damages but not punitive damagesThese 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.o They will reimburse you for things you did unintentionally, NOT things you did intentionally to hurt someoneIf no insurance then a compliance issue. How do you force collection from someone who owes you money?- Writ of Execution-Plaintiff locates property that the defendant owns and compels seizure- so the sheriff will go take their property and sell it; only IF the property is owned in the defendant’s name ONLY- Writ of Garnishment --Plaintiff locates a third party who is indebted to Defendant or is holding Defendant's property-How much can collect? Ex) someone who works at Walmart owes you money from a court ruling, you can demand his paycheck from Walmart and take a percentage of his paycheck; If the person is the “head of household”you can only collect 10% or 25%- A lot of judgments go uncollected, they just don’t get paid because the person doesn’t have the money to pay it12. Appeal-Who can appeal? - An appeal is when either party decides they did not like the way the court ruled on their case and they want a RE-RULING by another court- Either side can appealGrounds for Appeal?- If trial court made an error you can request for an appeal; ie) if they didn’t share evidence that they were supposed to share, which made you lose the case, etcParties to the Appeal- Appellant- the person who initiated the appeal - Appellee or Respondent- receiving end of the appealProcedure to perfect an appeal:A. Notice to Trial Court- tell them you are appealing their judgmentB. File Record on appeal in appellate Court— Components of the record:- Paperwork in case—Pleadings, Motions, Orders,etc- Exhibits- tangible evidence must be packaged- Transcript- testimony; everything that happened at the trial- Takes 2-3 months for a case to go the appellate court C. File Briefs- Legal Arguments in support of or against the appeal- Brief- legal document where you’re setting forth the argument in support of or against the appeal; each side files a brief, also takes a few monthsD. Oral Argument- lawyers come to the court, each side gets 30 minutes to make their argumentE. Conference and Decision- decision usually announced and contained within a written opinion Types of Opinion:- Majority- the first opinion that you read in the case; Most important is the Majority opinion-----Its language is always directed to the trial court; o Affirm- the appellate court says we are not changing anything about the case, the lower courts decision is correct or the lower courts decision is affirmedo Reverse/vacate- appellate court says they are changing the trial courts decision and NOT sending it back for reevaluationo Reverse/remand- the appellate court reverses the lower courts decision and tells them to do it over againo Concurring opinion- a judge who agrees with the result of the case but disagrees with the reasons the court ruled thiso Dissenting- judge does not agree with anything the court has ruled; if A won the case and B lost, he thinks B should have won and A should have lost.Once the opinion is published it becomes part of a body of precedent. US legal system is precedent based. Meaning that if a case similar to yours was ruled in some type of way in the past, your case should be ruled in the same way. - What are the virtues of this system? It leads to stability in the law, without case precedent there would be no basis for knowing how to rule each case.STARE DECISIS- “decision stand”- in the U.S. we let decisions stand, once there has been a case decision, we let it stand and don’t disturb it in the future (same thing as case precedents) - Lower courts within a jurisdiction must follow the Higher Courts' precedents or be ableto distinguish it. (Mandatory precedent) What is a “persuasive precedent”?- Same Court that created a Precedent may overturn it- if the supreme court has writtenan opinion on something, they can change their mind later; if it is the SAME LEVEL court it can overturn itself Reflections on the 12 step civil case model:- Usually the plaintiff and defendant will agree on a settlement and NOT go through all 12 steps mentioned above- Release must be written- aka the defendant writes the check and plaintiff dismisses the suitCosts of Civil litigation:Tangible costs: 1. Filing the suit- costs money2. Discovery- depositions cost money 3. Attorneys fees- cost more money- Who pays attorney fees?- English rule aka the loser rule- says the loser pays the other sides attorney fees; doesn’t apply in all U.S. cases; applies in divorce cases, civil rights cases, etc- American rule- each side pays their own fees regardless of who wins and loses- Types of attorneys fees:- Flat fee- attorney agrees to do something for a lump sum of money regardless of his hours put it, etc- Hourly- charging by the hour and sends a bill out every month- Contingent- attorney agrees to take a percentage of the amount won4. Judgment- also cost moneyIntangible costs:- Time- lawsuits take a lot of time- Publicity- negative publicity, lawsuits are public record, anyone can look at it-


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Mizzou HSP_MGMT 1133 - 12 Step Civil Case Con't: Steps 10-12

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