BCOR 320 1nd Edition Lecture 5 Litigation 1 Pleadings paper that begins a lawsuit A Complaint short plain statement of the allegations and legal claims B Answer a brief reply to the allegations C Counter claim accused party will initiate a second suit in response to first D Reply a brief reply to the counter claim 2 Discovery allows both sides to uncover evidence encouraging a settlement or ensuring few surprises during a trial A Interrogatories written question that the other party must answer under oath B Depositions interview of other party or potential witness C Production of evidence each side may request to see the other sides evidence D Physical mental exam one party may request the court to order an exam of the other party if relevant E E discovery electronic communication which may be requested by a party to gather info about case The plaintiff Case 1 Opening arguments Brief summary given by each side of the facts they hope to demonstrate 2 Plaintiff calls witnesses Question to own witnesses are direct examed 3 Defendant questions witness questions to opposing witness is cross examed 4 Defendant moves for directed verdict this is asking the judge to decide that the plaintiff has no case worth proceeding with The defendants Case 1 2 3 4 Opening arguments opening arguments were presented earlier Defendant calls witnesses Direct exam Plaintiff questions witnesses cross examed Closing arguments summary of both sides Negotiation Parties make offers and counter offers for settlements Maybe face to face These 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 Mediation Neutral person attempts to get parties to reach a voluntary settlement Arbitration Neutral person is involved does Does not render decision may be mandatory Mini trial A voluntary private preceding in which lawyers for each side present a short ended version of their case to the representative of both sides Fact finding The parties to a dispute employ a neutral third party to act as a fact finder to investigate the dispute Judicial Referee the court appoints a judicial referee to conduct a private trial and render a judgment
View Full Document
Unlocking...