The Legal Environment of BusinessFINA 2244 Christina Sheppard Futrell, Esq.Chapter Three:Trials and Resolving DisputesI. Basic Trial ProceduresA. Pleadings Stage-1. Complaint- States the basis of the claim and jurisdiction. This is the beginning of the law suit. Where you file your actual complaint.a. Jurisdiction- alleges facts necessary for jurisdiction to exist. You have to say that the court you are filing you complaint in has to be the right court.b. Remedy- alleges facts necessary to show that plaintiff is entitled to a remedy.c. Request- the remedy sought by the plaintiff.2. Service of Process- Includes a summons and gives the defendant notice of the proceeding.B. Responses to the Complaint- After service, the defendant must respond within a certain amount of time or the court will determine the allegations to be true. The defendant has several options in response:1. Motion to Dismiss- Ask the court to dismiss the claim because it does not have jurisdiction or the facts are not sufficient to support the claim.2. Answer- Document in which the defendant responds to the allegations of the plaintiff. The defendant may:a. Admit the allegationsb. Deny the allegationsc. Or respond that they are without sufficient information to admit or deny the allegations. Can do a combo of these.d. Assert an affirmative defense- an affirmative defense offers additional facts beyond the original complaint that the defendant says amounts to a defense. Where you say “yes I did it but I had a lawful reason” … or defending yourself3. Counterclaim- A complaint by the defendant that must be responded to by the plaintiff just as the defendant must respond to the plaintiff’s complaint. May be based on the same event that the plaintiff bases the complaint on. TheThe Legal Environment of BusinessFINA 2244 Christina Sheppard Futrell, Esq.claims switch positions “the plaintiff gets sued by the defendant”4. Reply- the Plaintiff's response to any new matters asserted bythe defendant. C. Discovery Stage- can go on for very long time possibly years.1. Purpose- a. Provides access to information held by the opposing party-avoids trial by ambush. Can not hide evidence b. Preserves evidence-c. Encourages settlement- 2. Tools- a. Depositions- sworn, in person testimony of a witness recorded by a court reporter. Held in a conference room the plaintiff, defendant and witness are present. Many times these are videotaped. Informal. b. Interrogatories- questions submitted by a party to a case to the other party or witness or any other individual with relevant information. List of 25 questions at any one setting you can ask. You can have sub parts to the questions.c. Expert Witnesses- may be used to establish things such as lost value, compensation amounts, diagnosis, etc. battle ofthe experts. Ex: the water biologist the plaintiff has on andso did the defendant.i. Voir dire (when on asks expert certain question to provehe or she is or is not an expert.)ii. Opinion Testimony d. Sanctions for Failing to Respond to Discovery Request- (for not showing up one could be sent to jail or have to paya certain amount of money)i. Default Judgmentii. Contempte. Orders for the Production of Documents- allows one party to access documents held by the other party that may otherwise be confidential. You send what you want to get from opposing personf. Request for Admissions- Written request for admissions of the truth. Does not however, mean the responding party will respond with an, “yes, I did it!”The Legal Environment of BusinessFINA 2244 Christina Sheppard Futrell, Esq.g. Mental and Physical Examinations- an order of the court that may be granted on the motion of either party when the physical or mental condition of someone is relevant to the proceeding. 3. Impacts on Business-a. Discovery it EXPENSIVE-b. Subjects business to scrutiny- production of documents are fair game.c. Risk confidentiality of business secrets, i.e., patents, clientlist, etc.4. Summary Judgment- A party is entitled to summary judgmentif there is no genuine issue as to any material fact. What this says is (if everything is true and you can still not find a fault the one may dismiss a case)5. Pre-Trial Conference- Normally conducted in the presence of the judge but not always. Here the parties: (happens even in district court)a. Identify the contested issuesb. Agree on witnessesc. Agree on evidence to be submittedd. Agree on the amount of time necessary to try the case.e. Generally results in a pre-trial order.D. Trial Stage- 1. - Provided for in the 6th and 17th Amendments to the US Constitution.a. Decision to Use a Jury-b. Jury Selection- i. Begins with jury summons and selection of the jury pool.ii. Selection of jurors from the pool is done through questioning or voir dire by the respective attorneys.iii. Generally a jury consist of 12 members.2. Trial-a. Start of the Trial- opens by telling a story. Plaintiff goes first and calls all witnesses.b. Presentation of Testimonyc. Closing Arguments-The Legal Environment of BusinessFINA 2244 Christina Sheppard Futrell, Esq.d. Jury Instructions- Where the judge tells the jury what the applicable law is, summarizes the disputed issues and states which of the parties have the burden. e. Verdict- Generally must be unanimous.i. Civil Trial- Standard is preponderance of the evidence.ii. Criminal Trial- Beyond a reasonable doubt.3. Motion for a Verdict- this happens before the jury verdict after all the evidence.a. Motion for a Directed Verdict- where one party ask the court to find in their favor before the jury begins deliberating on the basis that given all the evidence a ruling should be made in their favor.b. Motion for Judgment Notwithstanding the Verdict- where the judge is asked by one party to rule in their favor because the evidence was not sufficient for the jury to have come to the conclusion that it did.E. Remedies in Civil Litigation-1. Monetary Damages- when you have to pay money out of pocket.a. Compensatory Damages- designed to make the aggrieved party whole, i.e., to compensate them for their loss. b. Punitive Damages- designed to punish the losing party for their bad acts. Based on willful or malicious conduct.c. Nominal Damages- where there has been a legal wrong but no actual damages, or the damages are trivial.2. Equitable Remedies- do not involve moneya. Specific Performance- is an order of the court requiring one party to do a specific act. Generally in