1. 2 There is only one good kind of legal dispute -- The one that is prevented!

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22

There is only one There is only one good kind of good kind of

legal dispute --legal dispute --

The one that The one that is prevented!is prevented!

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Litigation Litigation vs. vs.

Alternative Dispute Alternative Dispute ResolutionResolution

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KNOW THE DIFFERENCEKNOW THE DIFFERENCE

LitigationLitigation refers to lawsuits; the refers to lawsuits; the process of filing claims in court, and process of filing claims in court, and ultimately going to trial.ultimately going to trial.

Alternative Dispute ResolutionAlternative Dispute Resolution is any is any other formal or informal process for other formal or informal process for settling disputes without going to settling disputes without going to trial.trial.

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The Federal Court The Federal Court SystemSystem

The Federal Court The Federal Court SystemSystem

Primary Trial Court

Trial Courts of Limited (Specific) Jurisdiction

United StatesSupreme Court

(Highest Appeals Court)

Lower Appeals Courts

U.S. District Courts

U.S. Bankruptcy

Courts

U.S. Tax Courts

Various Federal

Agencies

U.S. Court of International

Trade

U.S. Claims Court

U.S. Patent & Trademark

Office

Trial Courts of Limited (Specific) Jurisdiction

Three judges hear each case, brought up from

the District Courts.

Nine Justices; appointed for life; may refuse to hear a case; final authority

NOTICE THE DIFFERENCE – 12 COURTS VS 1

U.S. Courts of Appeals (12

Circuits)

U.S. Court of Appeals for the Federal Circuit

Hears appeals from specialized trial courts.

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Circuits in the Federal Court Circuits in the Federal Court SystemSystem

Puerto Rico is part of Circuit 1

Virgin Islands are part of Circuit 3

Northern Marianna Islands are part of Circuit 9 (along with Alaska and Hawaii.)

D.C. CircuitWashington, D.C.

Federal CircuitWashington, D.C.

6

1

2

3

4

11

5

7

89

10

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Federal Courts -- Federal Courts -- Four kinds of civil lawsuits permittedFour kinds of civil lawsuits permitted

Federal Question CasesFederal Question Cases Disputes between statesDisputes between states Disputes between citizens of Disputes between citizens of

different states different states Questions over conflict between Questions over conflict between

state constitutions and federal state constitutions and federal lawslaws

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State Court SystemState Court System

Trial Courts of General Jurisdiction

Trial Courts of Limited (or Specific) Jurisdiction

State Supreme Court (Highest Appeals Court)

Lower Appeals Courts

General Civil

Division

General Criminal Division

Small Claims

Division

Municipal Division

Juvenile Division

Probate Division

Land Division

Domestic Relations Division

One judge; may have jury

One judge; may have jury

Three judges; never a jury

Usually 7 Justices; may refuse to hear a case; final authority

Click on any box below for a definition of the jurisdiction of that trial court.

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Steps in Beginning Steps in Beginning LitigationLitigation

.

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DiscoveryDiscoveryDiscoveryDiscovery

Interrogatories Interrogatories DepositionsDepositions Production of EvidenceProduction of Evidence Physical or Mental Exam Physical or Mental Exam Requests for AdmissionRequests for Admission

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OTHER DEFINITIONSOTHER DEFINITIONS

Class actionClass actionJudgment on the Judgment on the

pleadingspleadingsSummary Judgment Summary Judgment

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Beginning a Jury TrialBeginning a Jury Trial Jury Selection:Jury Selection: Process called voir dire

1. Questioning

2. Challenges for Cause

3. Peremptory Challenges

4. Jury Chosen

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TWO BASIC TRIAL TWO BASIC TRIAL RULESRULES

Burden of ProofBurden of Proof

Rules of EvidenceRules of Evidence

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THE TRIALTHE TRIAL

First, Opening ArgumentsFirst, Opening Arguments Plaintiff Calls WitnessesPlaintiff Calls Witnesses Defendant Questions Defendant Questions

Plaintiff’s WitnessesPlaintiff’s Witnesses Plaintiff may re-question as to Plaintiff may re-question as to

questions asked by defendant.questions asked by defendant. Defendant Moves for Defendant Moves for Directed Directed

VerdictVerdict

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The Defendant’s CaseThe Defendant’s Case

Defendant Calls WitnessesDefendant Calls Witnesses

Plaintiff Questions Defendant’s Plaintiff Questions Defendant’s WitnessesWitnesses

THEN WE HAVE REBUTTAL THEN WE HAVE REBUTTAL TESTIMONY BY PLAINTIFFTESTIMONY BY PLAINTIFF

WHEN ALL TESTIMONY FINISHED, THE WHEN ALL TESTIMONY FINISHED, THE ATTORNEYS GIVE CLOSING ATTORNEYS GIVE CLOSING

ARGUMENTSARGUMENTS

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Jury InstructionsJury InstructionsDeliberation and Deliberation and VerdictVerdict

After Both Sides Rest After Both Sides Rest (Finish)(Finish)

After Both Sides Rest After Both Sides Rest (Finish)(Finish)

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Motions after the Motions after the VerdictVerdict

AppealAppealSettlementSettlement

The Trial is Over… or is The Trial is Over… or is it?it?

The Trial is Over… or is The Trial is Over… or is it?it?

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The process of litigation, The process of litigation, with its potential for errors with its potential for errors

or biases, may influence the or biases, may influence the outcome of a dispute as outcome of a dispute as

strongly as the law itself. strongly as the law itself. That is all the more reason That is all the more reason

to prevent disputes if to prevent disputes if possible, or to use possible, or to use

alternative methods of alternative methods of dispute resolutiondispute resolution

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There is only one There is only one good kind of good kind of

legal dispute --legal dispute --

The one that The one that is prevented!is prevented!

2020

Litigation Litigation vs. vs.


LitigationLitigation refers to lawsuits; the refers to lawsuits; the process of filing claims in court, and process of filing claims in court, and ultimately going to trial.ultimately going to trial.

Alternative Dispute ResolutionAlternative Dispute Resolution is any is any other formal or informal process for other formal or informal process for settling disputes without going to trial.settling disputes without going to trial.

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(most common forms)(most common forms)

NegotiationNegotiation MediationMediation ArbitrationArbitration

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(less common forms)(less common forms)

Mini-trialMini-trial Summary Jury TrialSummary Jury Trial

1. 2 There is only one good kind of legal dispute -- The one that is prevented!

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