Chapter 3 - Trials and Resolving Disputes

What is res judicata?

"a thing decided by judgment" - the same dispute can NOT be considered again in that or any other form

What happens when the defendant files a counterclaim?

- Any new matters raised by the defendant's answer are automatically taken as denied by the plaintiff - the plaintiff has to answer with a reply

Problems that can occur in Reaching a Verdict in a Civil Trial

- The parties must prove their contentions to the jury by a preponderance of the evidence - If jurors are unable to reach an unanimous decision, the jury is said to be hung, and a new trial before a different jury may be necessary - The jury is discharged and a mistrial is declared

What is a counterclaim?

- a complaint by the defendant, and the plaintiff must respond to it just as the defendant responded to the original complaint, known as a reply - may be based on the same events that the plaintiff bases the complaint on

Describe Injunctions. Give example.

- a court order directing a person to do or not to do something (most commonly not to do something) Example: A couple is in the middle of getting a divorce and the husband puts the house up for sale, the court can order an injunction on him to not sell the house until the dispute is settled and they figure out whose house it is.

Describe Mediation.

- a voluntary process that helps avoid litigation - mostly used to resolve labor and marital disputes - mediator is a independent 3rd party, which is someone who is an expert on labor laws and labor unions - used to help the parties try to reach a solution by coming to an acceptable agreement - mediator cannot impose a decision, but can only help resolve a conflict - if either party disagrees with the decision, they can take it to court

Describe Negotiation.

- least formal of ADR - a negotiated settlement of a dispute is usually a contract that, like other contracts, is enforced by the courts - if a negotiation can NOT be reached, then either party can take it to court

Describe Nominal Damages.

- minimal, not significant, minor - when they agree the defendant violated the law, but the plaintiff has not suffered actual damages to person or property

Describe Arbitration.

- most formal and most commonly used ADR - close door procedure, but less formal than going to court - both parties have to agree to use a 3rd party arbitrator who is a subject matter expert in the field and is objective **almost all international disputes are settled this way

Describe the Pretrial Stage.

- optional step in the trial procedure - either party or the court may request a pretrial conference - only involve the attorneys and the judge

What is a written interrogatory?

- questions submitted by a party to a case to the other party, or a witness, or another person with relevant information - the party receiving the interrogatories prepares written answers, usually with the aid of an attorney, and signs them under oath

Describe Specific Performance. Give example.

- used for unique assets - the court can issue an order that makes the other specifically deliver the asset - only sought if monetary remedies are not sufficient to compensate someone *will NOT get specific performance to perform a service (involuntary servitude) Example: You sign a contract with someone stating that they are selling you the Mona Lisa for $100 million. If they back out of that, they have to give you the Mona Lisa like they had promised.

What is important/good about requests for admissions?

- used to settle facts about which there are no real disputes - helps narrow down what is actually in dispute

What happens during the Pretrial Stage?

- used to simplify the issues and plan the course of the trial - agreeing on: witness lists, exhibits, and the schedule - judges will also encourage out-of-court settlements

Describe court orders for mental or physical exams.

- when the physical or mental condition of a party is an issue, the court may be asked to order that party to submit to an examination - because this is intrusive to privacy, the party requesting the order must show greater need for the information than in requests for most forms of discovery

What are the 3 different types of ADR?

1. Arbitration 2. Mediation 3. Negotiation

What are the 2 different types of Arbitration? Describe them.

1. Binding - arbitrator's decision is final and you can NOT take it to court if you do not like the final judgment - courts have to enforce binding arbitration unless there's a fraud or undue duress shown 2. NonBinding - voluntary arbitration. if either party is unhappy with the decision, they can take the other to court

What are the 3 types of Monetary Remedies?

1. Compensatory Damages 2. Punitive Damages 3. Nominal Damages

What are the 5 types of discovery?

1. Depositions 2. Interrogatories 3. Order for Production of Documents 4. Request for Admission of Facts 5. Court Orders for Mental or Physical Exams

What are the 3 types of Motions for a Verdict? Describe them.

1. Directed Verdict - after the cases have been presented, but before the case goes to the jury, a party may request that the court enter a judgment in its favor because there is not legally sufficient evidence on which a jury could find for the other party. - the defense is more likely to prevail on such a motion because the judge holds that the plaintiff failed to provide sufficient grounds, even if what is claimed is true, to be able to win a verdict 2. Judgment as a Matter of Law (Judgment on the Pleadings) - much the same thing as Directed Verdict 3. Judgment Notwithstanding the Verdict - after a jury returns, the losing party may make this motion. The judge is asked to hold that there were not legally sufficient grounds to support the jury's verdict and to either overturn the entire verdict or a portion of it

When are juries used in cases?

1. In criminal cases - there is always a right to a jury 2. In the federal court system, this right is guaranteed if the amount in controversy exceeds $20 and is a common-law claim 3. In most state court systems, they have similar guarantees, although the minimum amount may be higher

What are the 3 types of opinions an Appellate court can have/reach? Describe them.

1. Majority Opinion - 2 out of 3 judges reach the same opinion -this opinion gives the legal rationale for the court's decision, and it also provides guidance to judges and attorneys for the resolution to similar disputes 2. Concurring Opinion - 1 or more judges agrees with the majority opinion outcome, but has different reasons or wishes to make an additional argument 3. Dissenting Opinion- 1 or more judges thinks the other ones are wrong and explain why they disagree with the majority of the court in a given case

What type of Remedies are there?

1. Monetary Remedies 2. Equitable Remedies

What 3 types of answers can the defendant file depending on the circumstances?

1. Motion to Dismiss 2. An answer with or without an affirmative defense 3. Counterclaim

What are the 6 possible stages of a basic trial?

1. Pleading Stage 2. Discovery Stage 3. Pretrial Stage 4. Trial Stage 5. Appellate Stage 6. Enforcement Stage

What are the steps to the Trial Stage?

1. Selection of a jury (if there is to be a jury trial) 2. Opening Statements 3. Presentation of Direct Testimony 4. Closing Arguments 5. Instructions to the Jury 6. Reaching a Verdict

What are the 2 types of Equitable Remedies?

1. Specific Performance 2. Injunction

Describe Reaching the Verdict.

1. The jury deliberates to reach an agreement and find for the plaintiff or the defendant 2. After the jury has reached a verdict, the verdict is read in court and the judgment is then entered

What happens during the Pleading Stage?

1. The plaintiff files the first pleading, known as the complaint 2. The plaintiff then gives notice to the defendant by service of process, including a summons (stapled to a copy of the complaint) 3. The defendant must file an answer to the plaintiff's complaint

What does the plaintiff's complaint have to contain when filed to the court?

1. Why the court has subject matter and personal jurisdiction over the case 2. Statement of the facts necessary to claim that the plaintiff is entitled to remedy 3. Set forth the remedy the complaint is seeking

Describe Instructions to the Jury.

1. before the jury retires to deliberate and reach a verdict, the judge gives the jury Instructions (Charges) 2. In the instructions, the judge: -tells the jury the applicable law -summarizes the issues of the dispute -states which of the parties has the burden of persuasion

How are jury selections done?

1. begins when the clerk of the court sends a notice instructing citizens to appear for jury duty - this is the jury pool 2. the process used to select jury members is voir dire

What are the 4 decisions an Appellate court can reach?

1. confirm the original court's decision 2. reverse the lower court's decision 3. modify the lower court's decision 4. Remand (send back) the case to the original court when facts need to be clarified

2 facts about written interrogatories.

1. gives you more time to respond so that you are not caught off guard 2. you can reply with simple, short answers. not volunteering any information

How do you get your case to the Appellate Court?

1. have to file a written brief about the facts of the case and why you think the lower court messed up 2. then you ask to show up in person to orally present your case and argument to them

What is the purpose of the Discovery Stage?

1. prevents a "trial by ambush" - so the parties have access to each others information 2. preserves evidence - mainly of witnesses that may not be available at the time of the trial, or whose memory may fade over time 3. also encourages pre-trial settlements - parties assess the strengths of both sides' cases and estimate where to go from there (continue with the trial or settle outside of court)

If the plaintiff recovers a damage award and the defendant does not pay, what 2 steps can the plaintiff take to enforce the judgment?

1. seek a Writ of Execution - a court order allowing the seize and selling of the defendant's assets/property to satisfy the judgment -they will NOT let the winning party take anything that will hurt the losing party in any way. they have to have 1) a modest place to live, 2) clothing, 3) car, 4) or any tools needed for work 2. Garnishment Order - court order that goes to the employer and the losing party saying you, the winning party, get up to 25% of their paycheck every pay period until the judgment is filled -risk is involved with the garnishment order

2 facts about a deposition.

1. serves to preserve the evidence 2. can be used to impugn (call into question) your testimony or discredit your testimony if you say something different later in court

What happens during the Presentation of Direct Testimony?

1. the plaintiff's attorney begins to call witnesses and present evidence - each witness is first questioned by the plaintiff's attorney on Direct Examination 2. the defendant's attorney then examines that witness on Cross-Examination

What are the opening statements the lawyers' chance for?

1. to explain their clients' view of the case 2. tell the jury who the witnesses will be 3. provide a roadmap of the trial

When is there no right to a jury trial?

1. when a private plaintiff requests an equitable remedy, rather than money damages 2. in civil cases in which the government seeks non-criminal penalties for violations of federal law

What type of legal system is the American Legal System?

Adversary System of Justice - a legal system in which the parties to a dispute present their own arguments and are responsible for asserting their legal rights

Describe the Enforcement Stage.

After a trial, if no appeal is taken or if no further appeal is available, the judgment, or decision, of the court become final

When is the Trial Stage set?

After discovery is complete, if there has been no dismissal, summary judgment, or settlement, the dispute is then set for trial

What is an ADR?

Alternative Dispute Resolution alternate ways to settle disputes quicker and less expensive than going to court

What is a motion to dismiss?

Filed by the defendant as an answer to a complaint asking the court to dismiss the case because it does: 1. not have jurisdiction over either the subject matter of the dispute or the defendant's person 2. fail to file a claim that the court can provide a remedy for (even if the facts asserted are true)

Why is the complaint step of the pleading stage important?

Helps the judge determine how complex the case is and how much time will need to be devoted to it on the court calendar

Describe Compensatory Damages. Give examples.

Intended to compensate the injured parties for their injuries caused by breaching the law. - want to restore them to the economic position they were in before the injury Examples: doctor bills, lost wages, rehabilitation expenses

Describe Punitive Damages. Give example.

Meant to give a wake up call to the person who violated the law because the actions are particularly reprehensible, or the conduct is willful or malicious - usually in addition to compensatory damages **the amount of the punitive damages can be appealed to the Appellate Court Example: Ford Pinto case where they knew the gas tanks would explode on impact and they released the car anyways

What is the second part of the Trial Stage after all the steps?

The Remedies the plaintiff is seeking

Describe the Closing Arguments.

The attorneys summarize the evidence for the jury in a manner most favorable to their case

How are the Opening Statements done?

The attorneys tell the jury what the crucial facts are and how they will prove that those facts support their position **Usually it's the plaintiff's attorney that presents first

What happens if the defendant does not respond/file an answer to the complaint?

The court will presume the claims of the plaintiff are true, and grant the plaintiff the relief requested in the complaint

When are Equitable Remedies imposed?

When monetary damages are neither practical nor effective. Money may not be able to compensate for the loss, or the defendant may not be able to pay damages but could do certain things to help rectify the wrong.

At the end of the discovery stage, what might either party move for?

a summary of judgment - no material facts to be reviewed, judge can grant a summary judgment without considering the jury because it is clear which party should win

What are the orders for the production of documents?

an access to information in the possession of the other party, and the business is required to supply every document they have ever had concerning the court case

What are the kinds of information often sought with orders for the production of documents?

e-mails, medical bills, business records, letters, and repair bills

When is the Appellate Stage used?

if one of the parties believes an ERROR OF LAW was made during the trial **you can NOT appeal facts

A protective order does what?

limits access to the material so as to ensure confidentiality - mostly used if trade secrets or other confidential information is involved

What are some examples of affirmative defense?

self-defense, statute of limitations, assumption of risk, and contributory negligence

What happens in sanctions for failing to respond/refuse to respond to a discovery request?

since discovery is a court order, if the party does not comply with a court order, the court may order a: 1. Default Judgment - granting victory to the other party 2. Contempt of Court - order the party to jail or impose a fine

What is affirmative defense?

the defendant admits to the facts claimed by the plaintiff but offers additional facts so that they can not be held liable

What happens during the Discovery Stage?

the parties use various legal tools to obtain evidence from each other and outsiders about the dispute

What is a deposition?

the sworn, in-person testimony of a witness recorded by a court reporter which then creates a written record of it

What is a Motion for a Verdict?

when the parties ask the judge to issue a favorable verdict that makes jury deliberation unnecessary

What are requests for admissions?

written requests from either party to the other for an admission of the truth in matters relating to the dispute