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Standing to sue
- The litigation must involve a case or controversy.
- The plaintiff must allege a personal state in the resolution of the controversy.
When others who may be liable are brought into the case.
Subject matter jurisdiction
The power over the issues involved in the case.
When the plaintiff files a case it gives the court voluntary submission to the courts power.
- Plaintiff files complaint
- Complaints and summons served on defendant
- Defendants files motion or answer with possible counterclaim and defenses
- Court rules on motions
- Plaintiff files repel to answer
- Attorneys conduct discovery procedures
- Parties may file motions for summary judgment or judgment on pleadings
- Court conducts pretrial conference
- Pleadings- legal documents that are filed with a court to begin the litigation process
- Complaint- filed pleading with the court clerk
- Answer- written response to the pleading
- Default- if the defendant does not respond/answer, the court may grant the plaintiff relief sought by the complaint
Discovery Purpose- to ensure that each side is fully aware of all the facts involved in the case and of the intentions of the parties.
- Interrogatory- a written question submitted by one party to another.
- Request for production of documents- either party might ask the other to produce specific documents that are important to the law suits outcome.
- Deposition- sworn oral questioning of a potential witness.
- Request for an admission- either party may ask the other to admit that certain issues presented in the pleadings are no longer in dispute.
Judgment on the pleadings- judge makes a decision solely on the complaint and answer.
Summary judgment- judgment on complaint, answer, and evidence.
To speak the truth, allows the court and often the attorneys for each party to examine potential jurors qualifications.
Plaintiff and defendant are given a certain number of challenges for which no cause or reason needed to excuse a juror.
- After the plaintiff has presented his case the defendant can make a motion for direct verdict if the evidence is most favorable to the other party.
- Or- Judgment as a Matter of Law
- Void dire- Parties and their attorneys select jury
- Attorneys present opening statements
- Plaintiff presents evidence through witnesses
- Defendant moves for direct verdict/ judgment as a matter of law
- Defendant presents evidence through witnesses
- Attorneys present closing arguments
- Court instructs jury on the law
- Jury deliberates and makes a decision (verdict)
- Judge enters judgment on verdict
- Losing party files postural motion
Burden of proof
- Preponderance of evidence 51/49 (civil)
- Beyond a reasonable doubtn60/40. 80/20 is better (criminal)