Chapter 3 The Trial Process. Vocabulary Rule of Law: Principle that decisions should be made by the application of established laws without the intervention.

Chapter 3

The Trial Process

Vocabulary

• Rule of Law: Principle that decisions should be made by the application of established laws without the intervention of individual discretion

• Bias – a preconceived belief affecting neutrality

• Court: 1) a govt body that administers justice 2) a place where trials are held.

The Trial Court

• Trial Court is where suit is generally started– Determine Facts– Determine and apply applicable Law

• Plaintiff – person seeking relief in civil court (money damages or equitable relief)

• Defendant – person being accused of wrong doing by plaintiff

• Whole process is termed litigation.

Appellate Courts

• A party can appeal the decision of the trial court. Generally, have to wait until trial is over.

• Appellate Courts generally only review finding of facts for clear error

• Appellant/petitioner – the person who lost and is now appealing

• Appellee/ respondent – winner at the trial court level.

• Appeals court may remand, overrule, affirm.

Jurisdiction

• Court must have subject matter jurisdiction before it can here a case.

• Venue: the appropriate place for a case or controversy to be heard.– Can make a motion for change of venue.

• Federal Courts have exclusive jurisdiction in some areas and concurrent jurisdiction in some areas.

• General Jurisdiction vs. Limited Jurisdiction

Jurisdiction over subject matter

• Probate courts – Only hear cases dealing with the transfer of assets upon

death

• Tax Court– Only hear cases dealing with tax related matters

• Bankruptcy Courts – Only handles cases that involve bankruptcy

proceedings

• Small Claims Court– Civil matter under a certain dollar amount like 5K.

Federal Jurisdiction

• Federal Courts have original jurisdiction in cases involving: the U.S. Constitution, an act of Congress, & treaties.

• Diversity of Citizenship– Citizens of different states

– A foreign country and a citizen of a state

– Citizens of a state and citizens of a foreign country• 75K must be in dispute

More Jurisdiction

• Concurrent jurisdiction – two or more courts have jurisdiction– Cases involving federal questions

– Cases involving diversity of citizenship

• Exclusive Federal Jurisdiction– Patents, copyrights, federal antitrust and federal

bankruptcy

• Exclusive State Jurisdiction– All matters not subject to federal jurisdiction

Judicial Review

• Jurisdiction over a person or corporation– The authority of a court to hear and decide a case

– In personam• Generally a court can exercise jurisdiction over a resident of a

state

– Minimum Contacts and long arm statutes• Harm or wrong happens with in the state

• A corporation is involved and does business within that state

– In rem jurisdiction – property in question is located with in the state

State Courts

• See Page 106• Small Claims Court

– Generally can only have a dispute of 5k or less.– Usually cannot bring divorce, criminal or in rem

disputes in small claims.

• Most states do not allow attorneys• Defendant generally retains the right to have a

new trial.• Judge Judy?

Federal Court System

• 94 districts at the trial court level• Appeals Courts

– 11 Districts, District of Columbia, & Federal Circuit.– http://www.uscourts.gov/images/CircuitMap.pdf

• Supreme Court– Nine Justices

– Has some original jurisdiction

– Rule of Four – Writ of Certiorari

Following a State Court Case

• Pleadings – statements made by plaintiff alleging the facts, charges and defenses

• Complaint – pleading made by plaintiff that initiates a lawsuit in court– Must have a cause of action

• Summons Prepared by Clerk ie notice• Answer – the defendant’s response to the

complaint

Following a State Court Case

• Default Judgment – what happens when a defendant fails to answer

• Counterclaim – a counter allegation of wrongdoing made by the defendant

• Reply – a plaintiffs response to a defendant’s answer

• Motion to Dismiss/ Demurrer – a pleading in which defendant asserts that the plaintiff’s claim fails to state a cause of action, or improper venue or service.

Pretrial Motions

• Motion for judgment on the pleadings– Motion by either party that asks the court to

rule on the case before trial

• Motion for summary judgment– Motion for judgment before trial based on

pleadings and other outside evidence including depositions

Discovery

• Phase in which opposing parties try to obtain evidence from each other

• Deposition – testimony of a party to a lawsuit or a witness under oath

• Interrogatories– Written questions that are delivered to the

opposing side

• How can this evidence be used at trial?

Other Aspects of Litigaton

• Pretrial Conference – usually held to discuss settlement

• Jury Selection – voir dire (selection of jurors)– Peremptorily– For cause– Having a jury is not an absolute right.

• Plea Bargaining

Trial

• 1st Opening Arguments

• 2nd Plaintiff presents its case

• 3rd Defense may move for a directed verdict

• 4th Defense presents its case

• 5th Defense may again move for a directed verdict

• 6th Verdict is rendered by judge or jury

Post Trial Motions

• Judgment N.O.V.– Motion for the judge to set aside the jury verdict and

enter settlement for the party adversely affected/making motion

• Motion for a new trial– Motion for judge to strike the verdict and order a new

trial

• Appeal– Ask a higher court to overturn the decision

Starting Cases - Specifics

• Criminal Cases – Started by the issuance of an accusation

• Initiated by district attorney – information

• Initiated by grand jury – indictment

• In some situations a plaintiff may have to submit dispute to ADR before a case can be commenced.

The Jury

• No absolute right to juries in civil cases

• Judge should abide by jury decision– In civil cases judge has power and duty to

overturn verdicts if the law is not followed– In criminal cases a judge can only overturn

guilty verdicts

• How do you get out of jury duty?

Matters in Equity

• No right to trial by jury in equity cases

• See exhibit 3-5 on page 127

• Contempt of Court

What do has to be proven?

• Plaintiff usually has the burden of proof– Exception – IRS

• Different Standards– Preponderance of the evidence 50/50 – civil

cases– Clear and Convincing Evidence – high

probability of truth 75/25. – Reasonable Doubt – no other scenarios can

make sense based upon the plaintiff’s case.