MGMT 211 1nd Edition Lecture 7 Outline of Last Lecture I Texas Court System Part 2 II Federal Court System III Selection of Judges IV Jurisdiction V Venue Outline of Current Lecture I Basic Trial Procedures II Definition of Contract III Reasonable Person Standard IV Types of Contracts Current Lecture Chapter 3 Litigation and Alternate Dispute Resolution I Basic Trial Procedures a Pleadings get paper work in order i Plaintiff files the original petition to start the trial ii Defendant submits an answer AFTER being served within a certain time period 1 If a defendant doesn t get served the trial cannot continue 2 In Texas you have 20 days and then the next day answer day till 10 o clock 3 Federal Court is 20 days iii Various Types of Pre Trial Motions b Discovery find out what the other side has on you or what you have on the other side i Prevent Surprises don t want to look like a fool ii Prepare for Trial find evidence to help you in your case iii Preserve Evidence No guarantee of life so you want to preserve testimony 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 iv Harassment companies use this to slow businesses down and out spend you 1 Types of Discovery a Depositions expensive oral testimony court reporter charges a 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 video b 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 each c Request for Admissions admit or deny the following statement like true false questions want whoever you suing to admit the answers if you don t receive an answer within 30 days they re deemed admitted can combine with interrogatories d Production of Documents can requires documents to be presented 2 Discovery Sanctions a Contempt Jail and or Fine put in jail until you comply with discover b Dismiss Pleadings case is dismissed c Bar Evidence at Trial disallow evidence from being presented at trial d Order Party to pay other Party s Costs 3 Discovery Impact on Business a Expenses discovery is usually vary expensive b Disruptions of work routine etc copy records people out for court c Time Consumption d Harassment c Pre Trial 90 of civil cases are settled before trial i Decides issues prior to trial ii Helps in trial preparation iii Can be used in many many different ways 1 Docket Control 2 Simplify Issues 3 Plan Trial 4 Order case to Alternate Dispute Resolution 5 Settlement Tool iv Can have several Pretrial Hearings every time a pretrial motion is filed you can have a hearing depends on the judge d Trial Jury i No absolute guarantee of right to a jury in a civil case 1 Federal a 7th Amendment ii Trial Phase Voir Dire Jury Selection 1 Screening process to select jurors more of a weed out process 2 Who Conducts a Federal usually by the judge b State usually by the attorneys 3 Purpose to find impartial jurors 4 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 case b 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 case c Exemptions people that have legal reasons that they can t appear in court iii Trial Phase Actual Trial 1 Opening Statements what you expect to show the jury during the trial 2 Plaintiff presents case a 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 evidence 5 Defendant rejoinder evidence to Plaintiff s rebuttal witnesses limited no new evidence 6 Closing Statements tells jury what they need to do 7 Jury Deliberates returns verdict iv Trial Phase Post Trial Motions 1 Motion for New Trial a New Evidence b Judge erred c Misconduct d Monetary Damages Excessive or Inadequate e Fraud Jury Tampering f Clerical Errors 2 Motion for Judgment Notwithstanding the Verdict a Rare b Judge can reverse the jury s decision e Appeal i Types of Decisions by Appellate Courts 1 Majority Opinion a Can Affirm say previous court was correct b Can Remand send back to court to be redone c Can Modify render another verdict d Can Reverse can reverse verdict 2 Plurality Opinion 2 judges can t agree on why someone should win the case 3 Concurring Opinion judges agree on why someone should win 4 Dissenting Opinion judge doesn t agree with the others on who should win f Alternate Dispute Resolution 90 of cases settle out of court i Negotiation settlement parties work out an agreement outside of the court ii Mediation can be ordered by the judge during pre trial doesn t decide case but decides who should win the case 1 Hear both sides 2 Then put them in separate rooms and try to work out an agreement or not iii 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 case 2 Can t be appealed or retried unless you can prove that the Arbitrator is bought off Chapter 4 Contracts and Agency Law II 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 do III Reasonable Person Standard Objective Standard a Determining factor is what would a reasonable person in that situation think IV Types of Contracts a Express v Implied Contracts i Express contract is stated either orally or in writing better ii Implied Contract implied by fact is inferred from the action of the parties b Quasi Contracts implied by law judge i Not a real contract some element is missing and the judge fills in the missing contract element ii Courts don t bail you out of a dumb deal but you can throw yourself on the mercy of the court to prevent unjust enrichment c Conditional v Unconditional Contracts i Unconditional is absolute must preform contract ii Conditional is conditioned on a stated condition and no duty to perform until