Chapter 3 The Trial Process. Vocabulary Rule of Law: Principle that decisions should be made by the...
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Transcript of Chapter 3 The Trial Process. Vocabulary Rule of Law: Principle that decisions should be made by the...
Chapter 3
The Trial Process
Vocabulary
• Rule of Law: Principle that decisions should be made by the application of established laws without the intervention of individual discretion
• Bias – a preconceived belief affecting neutrality
• Court: 1) a govt body that administers justice 2) a place where trials are held.
The Trial Court
• Trial Court is where suit is generally started– Determine Facts– Determine and apply applicable Law
• Plaintiff – person seeking relief in civil court (money damages or equitable relief)
• Defendant – person being accused of wrong doing by plaintiff
• Whole process is termed litigation.
Appellate Courts
• A party can appeal the decision of the trial court. Generally, have to wait until trial is over.
• Appellate Courts generally only review finding of facts for clear error
• Appellant/petitioner – the person who lost and is now appealing
• Appellee/ respondent – winner at the trial court level.
• Appeals court may remand, overrule, affirm.
Jurisdiction
• Court must have subject matter jurisdiction before it can here a case.
• Venue: the appropriate place for a case or controversy to be heard.– Can make a motion for change of venue.
• Federal Courts have exclusive jurisdiction in some areas and concurrent jurisdiction in some areas.
• General Jurisdiction vs. Limited Jurisdiction
Jurisdiction over subject matter
• Probate courts – Only hear cases dealing with the transfer of assets upon
death
• Tax Court– Only hear cases dealing with tax related matters
• Bankruptcy Courts – Only handles cases that involve bankruptcy
proceedings
• Small Claims Court– Civil matter under a certain dollar amount like 5K.
Federal Jurisdiction
• Federal Courts have original jurisdiction in cases involving: the U.S. Constitution, an act of Congress, & treaties.
• Diversity of Citizenship– Citizens of different states
– A foreign country and a citizen of a state
– Citizens of a state and citizens of a foreign country• 75K must be in dispute
More Jurisdiction
• Concurrent jurisdiction – two or more courts have jurisdiction– Cases involving federal questions
– Cases involving diversity of citizenship
• Exclusive Federal Jurisdiction– Patents, copyrights, federal antitrust and federal
bankruptcy
• Exclusive State Jurisdiction– All matters not subject to federal jurisdiction
Judicial Review
• Jurisdiction over a person or corporation– The authority of a court to hear and decide a case
– In personam• Generally a court can exercise jurisdiction over a resident of a
state
– Minimum Contacts and long arm statutes• Harm or wrong happens with in the state
• A corporation is involved and does business within that state
– In rem jurisdiction – property in question is located with in the state
State Courts
• See Page 106• Small Claims Court
– Generally can only have a dispute of 5k or less.– Usually cannot bring divorce, criminal or in rem
disputes in small claims.
• Most states do not allow attorneys• Defendant generally retains the right to have a
new trial.• Judge Judy?
Federal Court System
• 94 districts at the trial court level• Appeals Courts
– 11 Districts, District of Columbia, & Federal Circuit.– http://www.uscourts.gov/images/CircuitMap.pdf
• Supreme Court– Nine Justices
– Has some original jurisdiction
– Rule of Four – Writ of Certiorari
Following a State Court Case
• Pleadings – statements made by plaintiff alleging the facts, charges and defenses
• Complaint – pleading made by plaintiff that initiates a lawsuit in court– Must have a cause of action
• Summons Prepared by Clerk ie notice• Answer – the defendant’s response to the
complaint
Following a State Court Case
• Default Judgment – what happens when a defendant fails to answer
• Counterclaim – a counter allegation of wrongdoing made by the defendant
• Reply – a plaintiffs response to a defendant’s answer
• Motion to Dismiss/ Demurrer – a pleading in which defendant asserts that the plaintiff’s claim fails to state a cause of action, or improper venue or service.
Pretrial Motions
• Motion for judgment on the pleadings– Motion by either party that asks the court to
rule on the case before trial
• Motion for summary judgment– Motion for judgment before trial based on
pleadings and other outside evidence including depositions
Discovery
• Phase in which opposing parties try to obtain evidence from each other
• Deposition – testimony of a party to a lawsuit or a witness under oath
• Interrogatories– Written questions that are delivered to the
opposing side
• How can this evidence be used at trial?
Other Aspects of Litigaton
• Pretrial Conference – usually held to discuss settlement
• Jury Selection – voir dire (selection of jurors)– Peremptorily– For cause– Having a jury is not an absolute right.
• Plea Bargaining
Trial
• 1st Opening Arguments
• 2nd Plaintiff presents its case
• 3rd Defense may move for a directed verdict
• 4th Defense presents its case
• 5th Defense may again move for a directed verdict
• 6th Verdict is rendered by judge or jury
Post Trial Motions
• Judgment N.O.V.– Motion for the judge to set aside the jury verdict and
enter settlement for the party adversely affected/making motion
• Motion for a new trial– Motion for judge to strike the verdict and order a new
trial
• Appeal– Ask a higher court to overturn the decision
Starting Cases - Specifics
• Criminal Cases – Started by the issuance of an accusation
• Initiated by district attorney – information
• Initiated by grand jury – indictment
• In some situations a plaintiff may have to submit dispute to ADR before a case can be commenced.
The Jury
• No absolute right to juries in civil cases
• Judge should abide by jury decision– In civil cases judge has power and duty to
overturn verdicts if the law is not followed– In criminal cases a judge can only overturn
guilty verdicts
• How do you get out of jury duty?
Matters in Equity
• No right to trial by jury in equity cases
• See exhibit 3-5 on page 127
• Contempt of Court
What do has to be proven?
• Plaintiff usually has the burden of proof– Exception – IRS
• Different Standards– Preponderance of the evidence 50/50 – civil
cases– Clear and Convincing Evidence – high
probability of truth 75/25. – Reasonable Doubt – no other scenarios can
make sense based upon the plaintiff’s case.