Dispute Resolution - Intro to Law - Lecture Slides, Slides of Law

Download Dispute Resolution - Intro to Law - Lecture Slides and more Slides Law in PDF only on Docsity! Pipite ESN Quote of the Day Facts are ventriloquists’ dummies. Sitting on a wise man’s knee they may be made to utter words of wisdom; elsewhere, they say nothing, or talk nonsense or indulge in sheer diabolism.” Aldus Huxley, British Author docsity.com Alternative Dispute Resolution (most common forms)  Negotiation • Parties make offers and counter-offers for settlements. • May be face-to-face or through lawyers.  Mediation • Neutral person (mediator) attempts to get parties to reach a voluntary settlement. • Mediation may be ordered by a judge. • Mediator does not render a decision.  Arbitration • Neutral person (arbitrator) is involved. • Arbitrator does render a binding decision. • Arbitration may be mandatory, if chosen in advance as the method for dispute resolution. docsity.com Alternative Dispute Resolution (less common forms)  Mini-trial • Parties stage a short trial to a panel of three “judges.” • Two of the “judges” are executives of the disputing corporations; the third is a neutral party. • Lawyers present shortened cases; “judges” discuss settlement.  Summary Jury Trial • Initiated and supervised by a court. • Each side summarizes to a mock jury what witnesses would say if called before a real jury. • Jury deliberates and tries to reach consensus, but may vote individually if necessary. • Allows each side to see how a trial might turn out. Click here to search the internet for Alternative Dispute Resolution docsity.com State Court System Trial Courts of General Jurisdiction Trial Courts of Limited (or Specific) Jurisdiction State Supreme Court (Highest Appeals Court) Lower Appeals Courts General Civil Division General Criminal Division Small Claims Division Municipal Division Juvenile Division Probate Division Land Division Domestic Relations Division One judge; may have jury One judge; may have jury Three judges; never a jury Usually 7 Justices; may refuse to hear a case; final authority Click on any box below for a definition of the jurisdiction of that trial court. docsity.com Steps in Beginning Litigation • Pleadings: Papers that begin a lawsuit 1. Complaint -- Short, plain statement of the allegations and the legal claims. This is “served” or delivered with a summons. 2. Answer -- A brief reply to the allegations. 3. Counter-Claim -- Sometimes the accused party will initiate a second suit in response to the first. 4. Reply -- A brief reply to the counter-claim. docsity.com Possible Variations on Pleadings • Counter-claim – If the accused party thinks the accusing party has contributed to the problem or has wronged them, they may file a second suit, in reverse of the first. • 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. • Judgment on the Pleadings – Either party can ask the court for a judgment based on the initial complaint and answer, but few cases are dismissed at this point. docsity.com Discovery -- next step after pleadings • 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 • Production of Evidence -- each side may request to see the other side’s evidence • Requests for Admission -- each side may request that undisputed facts be admitted or denied, to avoid wasting time on them Discovery allows both sides to uncover evidence, encouraging a settlement without trial or ensuring few surprises during a trial. docsity.com Procedural Rules for a Trial • Burden of Proof – The plaintiff must convince the jury that its version of the case is correct. – In a civil case, the proof needs to be by a preponderance of evidence (meaning at least slightly more likely to be true). – In a criminal case, the proof required is higher; it must be beyond a reasonable doubt. • Rules of Evidence – Lawyers are allowed to ask only questions that are relevant to the case. docsity.com The Plaintiff’s Case • First, Opening Arguments – This is a brief summary, given by each side, of the facts they hope to demonstrate. • Plaintiff Calls Witnesses – Questions to own witnesses is direct examination. – Lawyer only asks questions with helpful answers. • Defendant Questions Witnesses – Questions to opposing witnesses is cross examination. – Again, lawyer asks questions with helpful answers. • Defendant Moves for Directed Verdict – This is asking the judge to decide that the plaintiff has no case worth proceeding with. docsity.com The Defendant’s Case • Opening Arguments – Defendant’s opening arguments were presented earlier, before the plaintiff presented its case. • Defendant Calls Witnesses – Questions to own witnesses is direct examination. – Lawyer only asks questions with helpful answers. • Plaintiff Questions Witnesses – Questions to opposing witnesses is cross examination. – Again, lawyer asks questions with helpful answers. • Closing Arguments – Brief summary, by both sides, urging the jury to believe their side of the case. docsity.com