B LAW 210 1st Edition Lecture 2 Outline of Last Lecture I Introduction to Law and Legal Reasoning a Sources Of American Law b Common Law c Classifications of Law II Courts and Alternative Dispute Resolution a Jurisdiction b Alternative Dispute Resolution Outline of Current Lecture 1 How to Brief a Case Highlights Prof Houser s Outline for a Case Brief 2 How a Court Case Works a Stages of Litigation b Pretrial Procedures c The Trial Current Lecture How to Brief a Case o Case Brief a written summary of a decided case The brief will focus on the main issue s of the case and is a valuable tool when conducting legal research Should help to isolate the issue as well as clarify facts that were instrumental in coming to the conclusion that the Judges decided o Outline for the case brief d Submit the document with your last name first word of the name of the case and chapter number e Citation Start with the Citation of the Brief 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 f Facts Only put in the important facts Who did what to whom any facts the Judge includes g Procedural History This will indicate what happened in the courts at the trial level Indicate which trial court the case came from what the causes of actions were and how the court ruled as well as who brought the appeal and why h Issue Must indicate the issue in question form as in what the appellate court is being asked to decide If there is more than one question all must be listed i Holding This is the answer to the question s Must include the conclusion of the court and what they ordered affirmed reversed or remanded j Reasoning The reasoning is the information behind the reason the judges ruled in the way they did DO NOT quote from the case unless there is direct reference to another case and then the citation will be applicable to the reasoning Indicate where you are quoting from In general a case brief should have ONLY enough information to understand the case Because of this a well written case brief should be around one page Stages of Litigation 1 Consulting with an Attorney Seek the guidance of a qualified attorney Attorney will advise client on what to expect from the lawsuit the probability of success and the procedures that will be involved Pretrial Procedures 2 The Pleadings The Complaint and Answer taken together is known as the pleadings The Pleadings inform each party of the other s claims and specifies the issues disputing questions involved in the case o Complaint A statement alleging 1 the facts showing that the court has subjectmatter and personal jurisdiction 2 the facts establishing the plaintiff s basis for relief and 3 the remedy the plaintiff is seeking o Service of Process The formal notification of the defendant in a lawsuit o Summons A notice requiring the defendant to appear in court and answer the complaint o Default Judgment When a judge awards the damages alleged because of the lack of response from the defendant Ex Asking for 100 000 and when the defendant doesn t respond to the allegations the award would be granted in full o Defendant s Response Makes General Denial May move for Change of Venue May allege Affirmative Defenses May assert Counterclaims against Plaintiff Counterclaim suing the Plaintiff for damages no other trial Many Lawsuits never go to trial Perhaps there is a settlement Perhaps the case was dismissed o Pretrial Motions Motion to Dismiss Asking to dismiss the case for a certain reason time improper service lack of personal jurisdiction Motion to Strike Asking to delete certain paragraphs from the complaint help to clarify issue Motion to Make More Definite and Certain Asking the plaintiff to clarify the basis of the plaintiff s cause of action Motion for Judgment on the Pleadings Asking to enter a judgment in either party s favor based on information contained in the pleadings Motion to Compel Discovery Asking to compel the other party to comply with a discovery request Motion for Summary Judgment Asking to enter judgment in the parties favor without a trial o Discovery This can include gaining access to witnesses documents records and other types of evidence Deposition A sworn testimony by a party to the lawsuit or by any witness recorded by an authorized court official Interrogatories Written questions and answers under oath Requests for Admissions Admission is considered a fact for trial Electronic Discovery E Evidence FRCP deals specifically with the preservation retrieval and production of electronic data o The Jury Voir Dire Attorneys for both the plaintiff and the defendant ask prospective jurors oral questions to determine whether a potential jury member is biased or has any connections to the parties Jurors can be dismissed peremptorily no reason or for cause in order to keep an unbiased jury for the trial The Trial o Opening Statements o Rules of Evidence Judge decides what evidence is admissible for jury s consideration Evidence must be relevant to the issues tends to prove or disprove