Chapter 3 Litigation September 12th 2014 Chapter 3 0 Introduction Prosecution Government s side in a criminal case Plaintiff Party that starts a lawsuit Defendant Defense Party that responds to a civil or criminal complaint Litigation Lawsuit filed in court to determine liability and remedies 3 1 The Parties Involved Learning Objectives Identify the parties involved in litigation Explore the role of lawyers in our adversarial system Understand the roles and obligations of jurors The Parties Involved Litigation system relies on parties bringing forth and defending their respective claims Litigants Parties in litigation Occasionally a court may act sua sponte o Sua Sponte Action by a court without motion by the parties Latin for of its own accord o Motion Any request to a court for the court to take a specific action Plaintiff sits next to Jurors Opposing Parties Plaintiff Party that begins the lawsuit in a civil case o Victims who have suffered some sort of legal wrong that the law recognizes Defendant Alleged wrongdoer against whom the plaintiff brings a suit Cases Involving Multiple Parties Many cases involve multiple plaintiffs and multiple defendants o Class Action cases involving many parties plaintiff or defendant in which common questions of law and fact exist Airplane or passenger train action o Civil procedure encourages parties to air all grievances against each other at once o Claims arising out of a single incident or series of related incidents should be identified and named in a lawsuit Claim Any legal right to seek a remedy for a wrong o Counterclaim Claim by a defendant against the plaintiff o Counter Plaintiff Original defendant in a lawsuit when asserting a claim against the plaintiff o Counter Defendant Original plaintiff in a lawsuit when sued in return by the defendant o Joinder Joining of parties or claims in litigation Attorneys Parties hire attorneys to litigate most cases o Pro se Litigant representing oneself without an attorney Latin for on one s own behalf Litigants can proceed pro se only if the judge allows it Attorneys are sometimes called members of the bar o Bar Body of attorneys and judges Types of Lawyers in United Kingdom Solicitors Lawyers who deal with ordinary legal matters outside of court Queen s Counsel QC Specially trained lawyers who are permitted to argue in court Jurisdiction of Lawyers Juris Doctorate Professional degree and doctorate in law required for practicing law in the United States Lawyers are only permitted to practice in jurisdictions where they are licensed o Pro hac vice Latin for for this occasion a motion allowing out of state attorneys to practice in state for a specific case or matter In House counsel Attorney employed by a representing only one enterprise Outside counsel Law firm attorney representing a company or other enterprise Relationship Between a Client and an Attorney Rules of professional conduct Rules for attorney conduct issued by a licensing entity such as a state bar or supreme court o American Bar Association issues a set of Model Rules of Professional Conduct for attorneys nationwide Communications must be held confidential under the attorney client privilege doctrine o Attorney client privilege doctrine Requires all communications between client and attorney be kept secret by the attorney from any disclosure to any person Other Privileges Under the Law Spousal privilege Doctor patient privilege Priest penitent privilege Duties of Lawyers Lawyer s first duty is to the administration of justice The lawyer is prohibited from knowingly suborning perjury o Perjury Lying under oath Types of Juries Grand Juries Body of citizen examining whether someone accused of a crime should be formally charged o Serve as a procedural step to prevent prosecutors from abusing their Petit Juries Body of citizens determining guilt or innocence in a criminal powers of arrest and indictment o Meet for an extended period of time o Hear several different cases in one day o Do not determine guilt of innocence trial or a liability in a civil trial o Impaneled for a specific trial o Must arrive at a unanimous verdict o Determine guilt or innocence Problems with the Jury System Drawn from citizen voter and driver license rolls Burdens are placed on jurors personal lives through their service Makeup of the jury itself
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