Civil Litigation - Chapter 1 Notes

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Author:
kkohl1
ID:
195990
Filename:
Civil Litigation - Chapter 1 Notes
Updated:
2013-01-28 13:07:08
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Civil Litigation
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Description:
Kelly's Civil Litigation Chapter 1
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  1. Civil Litigation
    • *Complaint begins by the Plaintiff
    • *There is not guilt or innocence
    • *Liable Only
    • *The purpose of civil litigation is to compensate (typically with money or fulfillment of contract) and to make whole
    • *The burden of Proof is the Propoderance of Evidence. 
    • *To "win" it must be more probable that the incident occured how the plaintiff says 
    • *The burden of proof is on the Plaintiff
  2. Criminal Litigation
    • *The District Attorney, Procecutor or Atty General begins complaint
    • *The purpose is to punish, deter others, to rehibilitate, and protect society
    • *The burden of proof is "beyond a reasonable doubt" - must be 99.9% sure
    • *The burden of proof is on the defendant
  3. Middle Burden
    • *Must be 75% convincing
    • *Clear and convincing evidence
    • *Found in Intentional Tort - Battery, Fraud
  4. Substantive Law (vs Procedural Law)
    • Covers Tort law
    • contract law
    • real estate law
    • employment law
  5. Pleadings
    • Set forth claim or defense
    • Formal document filed with the court
    • Complaint/Answer
  6. Motion
    Request for court to issue order, may be dispositive or non-dispositive
  7. Dispositive
    Motion that ends the suit - such as a Motion to Dismiss
  8. Non-dispositive
    A motion requested that does not end the suit, but resolves and issue
  9. Alternative Dispute Resolution
    • (ADR)
    • Two parties communicate in an alternative setting.  Can be the automatic first step or it can be ordered by the Judge
  10. Mediation
    • Form of ADR
    • Neutral 3rd party sits in to facilitate communication between the parties.
    • Mediator doesnt decide anything
  11. Arbitration
    • Form of ADR
    • A neutral Arbitrator hears both sides of an issue and issues and Arbitration Award
  12. Negotiation
    • Form of ADR
    • Parties deal directly with each other to reach a solution.
  13. Primary Sources of Law
    Must Follow

    • Cases
    • Statutes
    • Constitution
    • Administrative Rules
    • Executive Order
  14. Secondary Sources of Law
    Everything that is not Primary source of law

    • Law Dictionary
    • Legal Encyclopedia
    • Law Review
    • ALR
  15. Role of Paralegals in Litigation
    • Timekeeping and billing
    • Disbursement of expenses
    • Calendar and Docket Control
    • Prioritize and control deadline responses
    • Email and E-filing
    • Trial Presentation Software
    • Technology Management (this is where you can become invaluable)

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