Legal/Ethical Issues in Business: Civil/Criminal/Court Process
Legal/Ethical Issues in Business: Civil/Criminal/Court Process BUS 205
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This 4 page Class Notes was uploaded by Brittany Smith on Sunday August 21, 2016. The Class Notes belongs to BUS 205 at Colorado State University taught by Stephanie Hewitt Bowen in Fall 2016. Since its upload, it has received 28 views. For similar materials see Legal/Ethical Issues Business in Business at Colorado State University.
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Date Created: 08/21/16
Legal and Ethical Issues in Business Chapter 13 Civil Process Begins with a “Cause of Action” or “claim” 2 parties involved o Plaintiff – person bringing lawsuit o Defendant – person being sued Steps of Civil Process 1. Fills out a complaint and a summons These are two separate documents Summons: plaintiff requires defendant to respond by a certain date 2. Defendant files an answer Admit and/or deny 3. Motion for Judgment on the Pleadings (Plaintiff) OR Motion to Dismiss (defendant) 4. Discovery Asked to exchange information with each other 4 types Interrogatories – written Depositions – oral Request for Production of documents Electronic Discovery Request for admissions 5. Motion for Summary Judgment Ruling on the pleadings Questions whether the trial is necessary No genuine/material question of fact Most judges deny these due to Jury System 6. Pretrial Disclosures What is the evidence? Witnesses? Exhibits? 7. Trial – Verdict Decree or Ruling 8. Motion for Judgment Notwithstanding the Verdict Defendant asks judge to not pay attention to jury decision 9. Motion for a New Trial Usually filed with the previous motion 99.9% denied 10. Appeal Criminal Process Steps for Criminal Process 1. Ticket/Arrest/Booking 2. 1 Appearance 3. Bail/Bond 4. Preliminary Hearing DEA presents evidence to court and court determines if the evidence is valid Making sure that people aren’t being held for the wrong reasons These are for the most serious cases 5. Arraignment/Plea Are you pleading guilty or not guilty? Guilty – goes straight to sentencing Not Guilty – goes to trial first 6. Trial 7. Sentence 8. Post Conviction Relief Asking trial court for new trial or to overturn the verdict 9. Appeal Trial Trials are rare o Really expensive o Time consuming o Risk Steps/Process 1. Voir Dire – Picking a Jury Both sides get to choose Looking for bias Chance to prime cases 2. Opening Statement Give roadmap to jury as to what they’ll hear and what they should focus on or contemplate No argument 3. Plaintiff’s Case They brought claim/charges, so they go first Present evidence Direct Cross examine 4. Motion for Directed Verdict (civil)/Motion for Judgment of Acquittal (criminal) Rarely granted 5. Defendant’s Case In a criminal case, they don’t have to have a case The Plaintiff has to show what the defendant did The defendant doesn’t have to show if they didn’t do it 6. Closing Compelling Arguments (end with theme of case) 7. Jury Verdict – Findings/damages Criminal case – guilty/not guilty Civil case – find for plaintiff/find for defendant Remedies Asking “what do you want?” “What outcome are you looking for?” Equitable Remedies o Eye for an eye, tooth for tooth VS Legal Remedies o Based off money or punishment Civil o Damages Divorce Decree/Guardianship/Conservatorship/Probate Injunction (to do or not to do something) Criminal o Punishment Fine Imprisonment Restriction/condition (probation) These all take away liberties State Court Systems Start at: 1. Trial Court Limited jurisdiction Only specific types of cases they are allowed to hear Ex. Small claims Juvenile County Municipal (city courts) General jurisdiction Can hear everything else Divorce Felonies Probate Civil 2. Appellate Court “Colorado Court of Appeals” Discretionary if even hear appeal They only look at the Record Pleadings Transcript Exhibits There are no new facts presented They look to see if an error was made Through law Through lower court 3. State Supreme Court They don’t have to listen to your case Writ of Certiorari (shersheori) Begins state court to take case Federal Court Systems Start at: 1. Trial court Federal Administrative Agencies U.S. District Courts Specialized U.S. Courts Bankruptcy Courts Court of Federal Claims Court of International Trade Tax Court 2. U.S. Court of Appeals Remedy Affirm (done) Reverse (send back to Trial Court), Remand (start over), Return 3. U.S. Supreme Court Writ of Certiorari
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