LEGL 2700 Ch.4 Reading Notes
LEGL 2700 Ch.4 Reading Notes LEGL 2700
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This 3 page Class Notes was uploaded by Jessica Su on Tuesday August 30, 2016. The Class Notes belongs to LEGL 2700 at University of Georgia taught by Lara Grow in Fall 2016. Since its upload, it has received 16 views.
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Date Created: 08/30/16
● Plaintiff the party who files a civil action ● Defendant the party that’s being sued ● Counterclaim defendant files it to due the plaintiff ○ Defendant becomes a counterplaintiff when a counterclaim is filed ● Thirdparty defendant the defendant can bring in thirdparty defendant when he thinks that party is responsible for the incident ● Standing to sue what it’s required for a court to hear a cas ○ Plaintiff must allege that the litigation involves a case or controversy ■ Allege means a claim that someone has done something wrong ■ You can’t sue a company bc it is your competitor ○ Plaintiff must allege a personal stake in the resolution of the controversy ● Personal jurisdiction the power over the plaintiff ● Service of a summon a notice for the defendant to appear in court, usually through mail ○ Longarm statutes properly deliver service of a summon through different states ○ Extradition the process of requesting and transporting the prisoner from one state to another ● Pleadings the legal documents that are filed with a court or begin the litigation process ○ Complaint filed by a plaintiff ■ Contains allegations by the plaintiff and a statement of the relief sought ■ The clerk then issues the summons, which provides the date by which the defendant must respond to the complaint ○ Answer the response by the defendant ■ Either admit or deny and may contain affirmative defenses that will defeat the plaintiff’s claim ■ If the defendant does not respond, then the court may enter an order of default and grant the plaintiff the relief sought by the complaint ● Steps in Discovery ○ Purpose ■ To ensure that each side is fully aware of all the facts involved in the case and the intentions of the parties ■ Learn how a witness will answer questions ■ No new evidence can be added after this ○ Methods ■ Cheapest way: Interrogatories present a series of written questions to the opposing parties and must be answered ● Then, the party can equest for production of documents, where the party asks the other to produce specific documents ■ Expensive way: eposition the lawyer orally asks questions of the possible witness, and all the spoken words are recorded by a court reporter; witnesses do not know what questions will be asked ● Motions the parties can seek a pretrial determination of their rights ○ Can be made at any point in the litigation process ○ So instead of filing an answer, the defendant can file a motion to dismiss for failure to state a cause of action, and he may wins ○ Statute of limitations lack of jurisdiction or expiration of time limit during the time that plaintiff can sue ■ Then the defendant is not liable for the settlement ○ Judgement on the pleadings a sks the judge to decide the case based solely on the complaint and the answer ■ Under the circumstances that the defendant offers no explanation or excuse, the judge can then make the judgement. Save time for an unnecessary trial ○ Summary judgement ask the judge to base a decision not only on the pleadings but also on affidavits ■ Affidavits evidence that is presented in the form of sworn statements ● Jury Selection ○ If a case cannot be resolved through pretrial motions or negotiations, then it goes to a trial ○ Court clerk will summon prospective jurors, which are drawn from lists of eligible citizens. They will then conduct t oir dire examination, meaning speaking the truth ○ Plaintiff and defendant are given a certain number eremptory challenges, meaning excusing a juror without giving any excuses ■ # varies from cases to cases and courts to courts ○ The trial will begin with an opening statement, explaining to the jury what is happening. The plaintiff presents his evidence, the defendant may make a motion for a directed verdi only happens when the light favors the other party more ■ Proof that he/she is not at fault ○ Following the closing arguments, the judge gives the jury the law application to the case, called ury instructions. ■ The function of the jury is to find the facts and the function of the court is to determine the applicable law ● Burden of proof ○ Def. 1: the burden/responsibility that a person has to come forward with evidence on a particular issue ○ Def.2: the responsibility that a person needs to convince the other party is at fault, or called burden of persuasion ■ Beyond a reasonable doubt the prosecution in a criminal case has the burden to convince jury the defendant is guilty ● Only apply in criminal cases, no evidence is needed ■ Preponderance of evidence a party needs to convince the jury by a preponderance of evidence that the facts are in his favor ● Only apply in civil cases ● Usually the proof support that party more than against it ● Deciding the case ○ Verdict jury’s decision ○ Judgement happens when the judge agrees with the verdict ● Appellant the party appealing ● Appellee the successful party in the trial court