Chapter 3

Defendants response

Typically, the defendant's response to the complaint takes the form of an answer. - Affirmative defense: Where the defendant admits the truth to the plaintiffs complaint but raises new facts to show that he should no be held liable for plaintiffs damages. -Counterclaim: The defendant could also deny allegations made and set forth his own claims. The plaintiff will have to submit an answer to this counterclaim.

TRIAL: Possible motion and judgement

- At the conclusion of the plaintiff's case, the defendants attorney may ask the judge to direct a verdict for the defendant on the ground that the plaintiff has presented no evidence to support their claim.

PRETRIAL: discovery

-Discovery: The process of obtaining information from the opposing party or from witnesses prior to trial - If a discovery request involves privileged or confidential business information, a court can deny request and can limit the scope of discovery in a number of ways. -Depositions: Sworn testimony by a party to the lawsuit or by any witnesses. -Interrogratories: Written questions for which written answers are prepared and then signed under oath. The main difference between interrogatories and written depositions is that interrogatories are directed to a party to the lawsuit, not to a witness. As with discovery requests, a court can impose sanctions on a party who fails to answer interrogratories.

TRIAL

-Opening statements: The opening statement provides the opportunity for each lawyer to give a brief version of the facts and the supporting evidence that will be used during the trial. -Rules of evidence: A series of rules that the courts have created to ensure that any evidence presented during a trial is fair and reliable. -Relevant evidence: Evidence that tends to prove or disprove a fact in question or to establish the degree of probability of a fact or action. - Hearsay: testimony someone fives in court about a statement made by someone else who was not under oath at the time of the statement. Generally, hearsay is not admissible as evidence.

TRIAL: Defendant's Evidence

-The defendant's attorney then presents the evidence and witnesses for the defendant's case. -Rebuttal: After the defendant's attorney has finished introducing evidence, the plaintiff's attorney can present a rebuttal by offering additional evidence that refutes the defendant's case.

TRIAL: closing arguments and verdict

After both sides has rested their cases, each attorney presents a close argument.

POSTTRIAL: Motions

After the jury has rendered its verdict, either party may make a posttrial motion. - Motion for a new trial: After looking at all the evidence, the judge will grant the motion for a new trial only if she or he believes that the jury was in error and that it is not appropriate to grant judgement for the other side. -Motion for judgement N.O.V: A motion will be granted only if the jury's verdict was unreasonable and erroneous.

TRIAL: Examination of witnesses and potential motions

Direct examination: Beginning presentation by calling a witness for the plaintiff and examining, or questioning, the witness. When the plaintiffs attorney is finished the witness is subject to cross-examination by the defendant's attorney. Then the plaintiffs attorney has another opportunity to question the witness in redirect examination and the defendent's attorney may follow up with that redirect examination with a recross-examination.

POSTTRIAL: Appeal

Either party may appeal not only the jury's verdict but also the judge's ruling on an pretrial or posttrial motion. - Appelant: The party who filed the Appeal - Appelle: The other party who didn't file the appeal - Appellate Review: Courts of appeals do not hear any new evidence. An Appellate court has the following options after reviewing a case. 1. The court can affirm the courts decision 2. The court can reverse the trial court's judgement 3. The appellate court can remand( send back) the case to the trial court for further proceedings. 4. The court might also affirm or reverse a decision in part. 5. An Appellate court can also modify lower court's decision. For example: the court may reduce the awardto a more appropriate, or fairer, amount.

Writ of execution

Is an order directing the sheriff to seize and sell the defendant's nonexempt assets, or property.

Stages of litigation

Pretrial, trial, and post trial

PRETRIAL: The right to a jury trial

The Seventh Amendment to the U.S constitution guarantees the right to a jury trial for cases at law in federal courts when the amount in controversy exceeds $20. - The jury selection process is known as voir dire. Attorneys ask prospective jurors oral questions to determine whether they are biased or have any connection with a party to the action or with a prospective witness.

Pretrial Procedures

The pretrial litigation process involved the filing of the pleadings, the gathering of evidence(called disovery), and possibly other procedures -Pleadings: The complaint and the answer. The pleadings inform each party of the other's claims, reveal the facts, and specify the issues. - The plaintiffs compaint: The complain contains statements or allegations concerning the following, 1. Jurisdiction. 2. Legal theory(facts establishing the plaintiffs claim and basis for relief). 3. Remedy.

PRETRIAL:Dismissals and Judgements before Trial

There are numerous procedural avenues for disposing of a case without a trial. Many of them involve one or the other parties attempts to get the case dismissed through the use of various motions -Motions: is a procedural request submitted to the court by an attorney on behalf of his/her client. -Motion to dismiss: Asking the court to dismiss the case for reasons stated in the motion. A defendant can file a motion to dismiss if the plaintiff's complaint fails to state a claim for which relief can be granted. Defendants can file a motion to dismiss on the grounds that he was not properly served, that the court lacked jurisdiction, or that the venue was improper. -Motion for judgement on the Pleadings: This motion asks the court to decide the issue solely on the pleadings without proceeding to trial. A judge will grant the motion only when there is no dispute over the facts of the case. -Motion for summary judgement: Asks the court to grant judgement in that party's favor without a trial. Motion can be made before or during the trial. To support a summary judgement, a party can submit evidence obtained at any point before the trial that refutes the other party's factual claim. The evidence may consist of affidavits(sworn statements by parties or witnesses) or copies of documents, such as contracts, e-mails, and letters obtained through the course of discovery.