Law 3220, Week 2 Notes
Law 3220, Week 2 Notes LAW 3220
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This 2 page Class Notes was uploaded by Sam Park on Sunday April 24, 2016. The Class Notes belongs to LAW 3220 at Clemson University taught by Edward R. Claggett in Fall 2015. Since its upload, it has received 39 views. For similar materials see Legal Environment of Business in Law and Legal Studies at Clemson University.
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Date Created: 04/24/16
Lecture 3 Notes 1. Pleading Stage A. Complaint B. Answer a) Answer vs. complaint 2. Discovery Stage A. Types of Discovery a) (???) b) Written oragotory – go back and refresh c) Production of documents d) Request for admission of facts e) Order for mental/physical exam of both parties B. Repercussions for Ignoring a) Default decision [i.e. court autonomously decides who wins] C. Motion for Summary Judgment a) Meant for strong cases after discovery 3. Pretrial Stage A. Pretrial Conference a) Good time for judges to STRONGLY encourage settlement 4. Trial Stage A. Steps a) Lawyers question jurors – (boredeu???) b) Opening statements 1. Lawyer states what he’s going to prove (for the jury) c) Direct testimony and evidence d) Closing statements 1. Lawyer concluding argument (for the jury) e) Motion for ??? (judge makes decision before jury can) f)Judgment for Motion not Withstanding (judge reverses decision by jury) B. Remedies a) Monetary Damages 1. Compensatory Damage - money 2. Punitive Damages – meant to send a message 3. Nominal Damages – “here’s $100 bucks” b) Equitable Relief 1. Specific Performance 2. Injunction – court order telling someone not to do something 5. Appellate Stage (either party still not happy – 3 judges???) A. Decisions a) Majority opinion (judges decisions) b) Concurring opinion (agrees with majority for different reason) c) Dissenting opinion (one judge disagrees) B. Final Judgment 6. Enforcement Stage a) If guilty party does not have money, start with assets b) Garnishment order – 25% of net pay until debt paid off 7. Alternative Dispute Resolution methods (cheaper than court) A. Arbitration (most widely used) a) Neutral third party to help settle dispute b) Binding vs. Non-binding B. Mediation (labor) a) Almost exclusively used to resolve labor disputes C. Negotiation (minor disputes) a) Parties get together and talk about issues b) If agreement reached, its reduced to written contract, now enforceable
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