a motion for judgement on the pleadings alleges that if all facts as pleaded are true, the moving party would win the lawsuit. no facts outside the pleadings may be considered.
motion for summary judgement
motion for summary judgement alleges that there are no factual disputes so the judge may apply the law and decide the case without a jury. evidence outside the pleadings may be considered.
pretrial hearing; occurs prior to trial between the parties in front of the judge to facilitate the settlement of the case. if not reached, procedes to trial.
Phases of trial
rebuttal and rejoinder
jury deleberation and verdict
entry of judgement
occurs through process called voir dire. biased jurors are dismissed and replaced.
parties' lawyers make opening statements; not evidence
plaintiff bares the burden of proof. plaintiff calls witnesses and introduces evidence to prove case
plaintiff calls witnesses and introduces evidence to rebutt the plaintiff's case and to prove affirmative defenses and cross-complaints
rebuttal and rejoinder
plaintiff and defendant may call additional witnesses and introduce additional evidence.
parties' lawyers make closing statements, not evidence
judge reads instructions to jury as to what they are to apply to the case
jury delibaration and verdict
jury retires to jury room and deliberates until it reaches a verdict
entry of judgement
enter the verdict reached by the jury as the courts judgement
grant a motion for the judgement n.o.v. if biased
order remittitur (reduction)
both parties in a civil suit and the defendant in a criminal trial may appeal the decision of a trial court. notice of appeal must be filed within a specified period of time and to appropriate appelate court.
alternative dispute resolution
nonjudicial means of solving a legal dispute. ADR usually saves time and money compared to litigation
an agreement contained in a contract which stipulates that any dispute arising out of the contract will be arbitrated
an agreement to submit a dispute to arbitration after the dispute arises.
interested third party, called a concilitor, assists the parties in trying to reach a settlement of thier dispute. concilitor does not make an award.
short session in which the lawyers for each side present thier cases to representatives of each party who have the authority to settle the dispute.
parties may hire a neutral third person, called a fact finder, to investigate a dispute and report his or her findings to the adversaries
with consent of the parties the court may appoint a judicial referee to conduct a preivate trial and render a judgement. judgement stands of the judgement of the court and may be appealed to the appropriate applelate court.
created by the federal and state legislative and executive branches. consist of professionals having an area of expertise ina certain area of commerce, who interpret and apply designated statutes.
administrative rules and regulations
administrative agencies are empowered to adopt rules and regulations that interpret and advance the laws they enforce.
administrative power act
act establishes procedures to be followed by federal agencies in conducting thier affairs. states have enacted thier own procedural act to govern state agencies.
a neutral third party, called a mediator, assist the parties in trying to reach a settlement of their dispute. mediator does not make an award
pretrial litigation process for discovering facts of the case from the other parties and witnesses. consists of:
depositions - oral testimony by deponent, transcribed
production of documents
physical and mental examination
statute of limitations
establishes the period in which a plaintiff must bring suit against a defendant
a court may consolidate separate cases against the same defendant arising form the same incident into one case if doing so would not cause predjudice to the parties
a person who has interest in a lawsuit may intervene and become a party to the lawsuit
filed and served by the defendant if he or she contersues the plaintiff. defendant = cross-complaintant, plaintiff = cross-defendant. cross defendant must file and serve a reply (answer).
filed by defendant with the court and is served on the plaintiff. usually denies most allegations of the complaint
filed by plaintiff with the court and served with a summons on the defendant. sets forth basis of lawsuit