Chapter 3

the process of bringing, maintaining and defending a lawsuit

• pleadings
• discovery
• dismissals
• pretrial judgments, and settlement conference.

• Includes:
• Complaint: initiates lawsuit and it is done by the plaintiff
• Summons: a court order directing the defendant to appear in court and answer the complaint (serving)
• Answer: the defendant answers the summons by admitting/denying the claims made against them to the court.

pretrial litgation process where the defendant doesnt answer an all the plaintiff has to prove is damages

claiming self defense if the plaintiff was hurt or the statue of limitation (time to hear the case) has expired

part of pretrial litigation where defendant believes he/she has been injured by the plantiff and files a claim against them. the planitiff must reply to the cross complaint

court combines two or more separate lawsuits into one lawsuit.

air plane crash mulitple people injured take all claims put them into one suit.

period of time in which plaintiff must bring a lawsuit against a defendant to sue. Statrs righ after alleged accident occured .

legal process during which each party engages in various activities to discover facts of the case from the other party and witnesses before the trial:

• witness list
• deposition
• production of doc
• Interrogatories

Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed.

Written questions submitted by one party to another party. The questions must be answered in writing within a stipulated time.

A request by one party to another party to produce all documents relevant to the case prior to the trial.

a hearing before a trial in order to facilitate the settlement of a case, pretrial hearing

• Jury Selection
• Opening Statements
• Plaintiffs Case
• Defendants Case
• Rebuttal and Rejoinder
• Closing Arguments
• Jury instructions
• Jury Deliberation/Verdict
• Entry of Judgement

only defendant can file an appeal in a criminal case. A notice of appeal must be filed within a prescribed time after judgment (60 or 90 days)

• they do not review whole case just all areas judge makes a mistake
• ex: objections

• if you dont have a doubt guilty
• if you do have a doubt not guilty
• 75 % people say guilty than defendant is liable

• 1.) Arbitration
• 2.) Mediator
• 3.) Mini trial

expert in subject matter helps decide the case only takes a day or two. If you lose can appeal in court (much cheaper)

where use a neutral 3rd party to propose settlement of dispute. Do not make binding decisions

a way to see if client would win case small mock trial if doesn't win several mini trials, client should settle.