Management 200: Intro to LawProfessor DawsonMWF 7:30-8:50May 5, 2014What do attorneys really do? (civil cases)Lawyers rarely go into court roomWriting wills, contractsAdvising how to NOT go to court—what to do/not to doStart up businesses first phone calls= CPA, Insurance, LawyerBuying a home, boat, starting a business, writing will, divorce=call an attorneyPersons involved in a civil trial- Judgeo Most wear robeso “referee” make it a fair fighto Rule on what evidence is admissibleo Control court ruleo Sentencing- Bailiffo Helper for judgeo Answer phones, do research, in charge of jury- Clerko In charge of court file during sessiono Keeps track of what is filed in court- Stenographero “court reporter”o Writes what people say word for wordo Very, very detailed, 250 words/minutes- Attorneyso Adversaries, can argue on behalf of cliento Suborning purgery=you know your client is lying Have to make sure they tell the truth Not allowed to let people lie to a jury- Juryo People who decide caseo Picked very carefully as to not have any bias- Galleryo People who watch, very limited exceptions for people who can’t come, open to almost everyoneo Star chamber=no one could watch in EnglandAlternate Dispute ResolutionsJury Trial=Gold Standard*But are alternatives*Drawbacks to jury trial=slow, summon, selection process, evidence takes longer (definitions)- Mediationo Parties agree on a mediator, no power to decide case, help parties reach an agreement-usually civil, booming legal employment, both sides pay, insurance and injury cases not favorable, good for divorce- Arbitrationo Instead of judge and jury you have an arbitrator(s), usually lawyers in conference room, they decide case, very fast, varied quality of decisions, good for cell phone contracts and car contracts- Class Action Lawsuitso Sued by lots of people Example: when cell phone companies steal from lots of their customers- Private Judgingo Hire a judge, skip court system, hire great judge-have them retire for one huge case where they make a lot of moneyMay 7, 2014Steps in a Civil Case- Informal Investigationo Interview witnesseso Hire people to investigate evidenceo Perform tests on evidence- Determineo Legal claims you haveo Parties-who can you sue, can be lotso Forum-where are you going to sue- File Complainto What are you complaining abouto Take piece of paper to court houseo Clerk office, pay fee=official- Serve Summons and Complaint-orders people into courto Notify people you’re suing them**Start of Lawsuit**- Answero Other side files their answer- Discoveryo Both sides get to see evidence from other sideo Very open Interrogatories-written questions to the other side Request for Production-ask for other side to produce info Request for Inspection-get to inspect evidence Physical/Mental Exam-don’t trust plaintiff’s doctor, want their own exam Deposition-before trial ask questions under oath with court reporter and lawyer present- Pretrial Motionso Want to dismiss claims, exclude evidence, reference to names or companies- Trial Briefso Informing judge of case info, hundreds of pages**Start of Trial**- Voir Direo “tell the truth”o Ask jurors questions to see if they’re fit, find bias’o Peremptory challenge=can throw 3 jurorso Challenge for cause=if lawyer wants to get rid of more jurors based on bias’- Opening statemento Here’s what is coming in the trialo Both sides- Plaintiff’s Caseo Burden of proof-they go firsto Direct exam of witnesso Cross exam of witnesso Plaintiff rests=they’re done- Motion to Dismisso Defense tries to end case if they think there’s no way a jury will find defendant guilty- Defendant’s Caseo Direct exam of witnesso Cross exam of witness Rebuttal testimony-sometimes bring witness back- Jury Instructiono Definition of proofo Preponderance of evidence-51% evidence to one side, more likely than not- Closing Argumentso Lawyers say what should be done to jury- Deliberationo Select forepersono Decide the caseo Amount of damages- Verdict- Judgmento Judge puts in order of money awarded- Appealo 14% of civil cases go to this stepExtra random info to know:Consideration=value on both sides of a contract-----requires considerationGift=value on one side onlyCan consent to the withholding of medical treatment-is not first degree murderCan’t consent to someone ending your lifeCross exam- “engine to get to the truth”*Questions of fact = evidence to prove (answer), decided by jury*Questions of law = answered by judgeCriminal trial: can be taken to trial in 90 days (speedy and public), can be longer (2 years)Civil trial: most accurate time until trial is 2 years, no right to speedy