MGMT 211 1nd Edition Lecture 7Outline of Last Lecture I. Texas Court System Part 2II. Federal Court SystemIII. Selection of JudgesIV. JurisdictionV. VenueOutline of Current Lecture I. Basic Trial ProceduresII. Definition of ContractIII. Reasonable Person StandardIV. Types of ContractsCurrent LectureChapter 3: Litigation and Alternate Dispute ResolutionI. Basic Trial Proceduresa. Pleadings – get paper work in orderi. Plaintiff files the “original petition” to start the trialii. Defendant submits an answer AFTER being served within a certain time period1. If a defendant doesn’t get served the trial cannot continue2. In Texas you have 20 days and then the next day “answer day” till 10 o’clock3. Federal Court is 20 daysiii. Various Types of Pre-Trial Motionsb. Discovery – find out what the other side has on you or what you have on the other sidei. Prevent Surprises – don’t want to look like a foolii. Prepare for Trial – find evidence to help you in your caseiii. Preserve Evidence – No guarantee of life so you want to preserve testimonyThese 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.iv. Harassment – companies use this to slow businesses down and out spend you1. Types of Discoverya. Depositions – expensive; oral testimony; court reporter (chargesa lot of money for being there, making copies, and by page) is there to take down the testimonies of the witnesses; like a trial but without a judge; can be done by videob. Interrogatories – written questions; some lawyers mail out questions that have nothing to do with the case for harassment; can only send to parties in a lawsuit; can only have 20 answers eachc. Request for Admissions – admit or deny the following statement (like true/false questions); want whoever you suing toadmit the answers; if you don’t receive an answer within 30 days they’re deemed admitted; can combine with interrogatoriesd. Production of Documents – can requires documents to be presented2. Discovery Sanctionsa. Contempt (Jail and/or Fine) – put in jail until you comply with discoverb. Dismiss Pleadings – case is dismissedc. Bar Evidence at Trial – disallow evidence from being presented at triald. Order Party to pay other Party’s Costs3. Discovery Impact on Businessa. Expenses – discovery is usually vary expensiveb. Disruptions of work routine, etc. – copy records, people out for court c. Time Consumptiond. Harassmentc. Pre-Trial – 90% of civil cases are settled before triali. Decides issues prior to trialii. Helps in trial preparationiii. Can be used in many, many different ways1. Docket Control2. Simplify Issues3. Plan Trial4. Order case to Alternate Dispute Resolution5. Settlement Tooliv. Can have several Pretrial Hearings – every time a pretrial motion is filed you can have a hearing; depends on the judged. Trial – Jury i. No absolute guarantee of right to a jury in a civil case1. Federala. 7th Amendmentii. Trial Phase Voir Dire – Jury Selection1. Screening process to “select jurors (more of a weed out process)2. Who Conductsa. Federal usually by the judgeb. State usually by the attorneys3. Purpose to find impartial jurors4. Challenges – ask questions to see if they have a bias (must be careful so as not to offend future jurors)a. Challenge for Cause (unlimited) – if juror can’t be a fair and partial view of the caseb. Peremptory Challenges (limited-3 in civil case) – no real reason to dismiss them, but a gut feeling; can’t excuse a person with the same background as the people involved in the casec. Exemptions – people that have legal reasons that they can’t appear in courtiii. Trial Phase – Actual Trial1. Opening Statements – what you expect to show the jury during the trial2. Plaintiff presents casea. Direct Examination by Plaintiff (who, what, when, where, how – don’t ask why unless you know the answer)b. Defendant cross-examines with leading questions (EX: isn’t it true that . . . , you didn’t really see that, did you?)3. Defendant presents case – (like when plaintiff presents but reverse)4. Plaintiff rebuts Defendant Case (limited) – no new evidence5. Defendant rejoinder evidence to Plaintiff’s rebuttal witnesses (limited) – no new evidence6. Closing Statements – tells jury what they need to do7. Jury Deliberates, returns verdictiv. Trial Phase – Post Trial Motions1. Motion for New Triala. New Evidenceb. Judge erredc. Misconductd. Monetary Damages Excessive or Inadequatee. Fraud (Jury Tampering)f. Clerical Errors2. Motion for Judgment Notwithstanding the Verdicta. Rareb. Judge can reverse the jury’s decisione. Appeali. Types of Decisions by Appellate Courts1. Majority Opiniona. Can Affirm – say previous court was correctb. Can Remand – send back to court to be redonec. Can Modify – render another verdictd. Can Reverse – can reverse verdict2. Plurality Opinion – 2 judges can’t agree on why someone should win thecase3. Concurring Opinion – judges agree on why someone should win4. Dissenting Opinion – judge doesn’t agree with the others on who shouldwinf. Alternate Dispute Resolution – 90% of cases settle out of courti. Negotiation – settlement; parties work out an agreement outside of the courtii. Mediation – can be ordered by the judge during pre-trial; doesn’t decide case but decides who should win the case1. Hear both sides2. Then put them in separate rooms and try to work out an agreement or notiii. Arbitration – takes the place of litigation; replaces court; must be agreed upon before (in contract)1. Arbitrator hears the case of both sides and then decides on the case2. Can’t be appealed or retried unless you can prove that the Arbitrator is bought offChapter 4: Contracts and Agency LawII. Definition of Contract – legal agreement of the parties to do something not legally obligated to do or to refrain from doing something that you are legally entitled to doIII. Reasonable Person Standard – Objective Standarda. Determining factor is what would a reasonable person in that situation thinkIV. Types of Contractsa. Express v. Implied Contractsi. Express contract is stated either orally or in writing (better)ii. Implied Contract (implied by fact) is inferred from the action of the partiesb. Quasi Contracts – implied by law (judge)i. Not a real contract, some element is missing and the judge fills in the missing