UConn BLAW 3175 - PPT chapter 3 part 2 (Civil procedure and ADR) pre-class (22 pages)

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LEGAL AND ETHICAL ENVIRONMENT OF BUSINESS Gerlinde Berger Walliser JD Ph D Assistant Professor of Business Law University of Connecticut DISPUTE RESOLUTION 2 Litigation and Civil Procedure Civil Procedure Court scenes Pure fiction http www youtube com watch v 5j2F4VcBmeo More realistic http www youtube com watch v mZ0CRwHbpuo A real trial http www youtube com watch v QcbXAJN77NA Miwd uscourts gov Steps in Beginning Litigation Pleadings Papers that begin a lawsuit 1 Complaint Short plain statement of the allegations and the legal claims http www thesmokinggun com documents crime seinfeld wife sued over cookbook The complaint is served on the defendant or delivered with a summons http www youtube com watch v 3aeF aJ2OgA http www youtube com watch v Rqbfhk2P1fQ feature related 2 Motion to dismiss for lack of jurisdiction 3 Answer A brief reply to the allegations affirmative defense you accept that the court has jurisdiction 4 Counter Claim Sometimes the accused party will initiate a second suit in response to the first 5 Reply A brief reply to the counter claim Possible Variations on Pleadings Class Actions If the plaintiff has evidence that the wrong in question has affected a large number of unrelated persons the suit may become a class action suit with the plaintiff representing an entire class of plaintiffs Default Judgment If the defendant fails to answer in time the plaintiff will ask for a default judgment meaning an automatic win without a trial Discovery next step after pleadings Allows both sides to uncover evidence encouraging a settlement or ensuring few surprises during a trial Interrogatories written questions that the other party must answer under oath Depositions interview under oath of other party or potential witnesses done by opposing lawyer What is a deposition Why to prepare for a deposition Dos and Don ts during a deposition How a deposition should not look like Production of Evidence each side may request to see the other side s evidence Physical