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Business Law and The Legal Environment For A New Century: Alternate Edition

The document provides an overview of the litigation process and alternative dispute resolution. It begins with defining litigation and alternative dispute resolution options like negotiation, mediation, and arbitration. It then describes the court system from state trial courts to federal district courts. The remainder of the document outlines the steps in a civil trial, including pleadings, discovery, pre-trial motions, jury selection, presentation of evidence by both sides, jury instructions, deliberation and possible post-trial motions.

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101 views20 pages

Business Law and The Legal Environment For A New Century: Alternate Edition

The document provides an overview of the litigation process and alternative dispute resolution. It begins with defining litigation and alternative dispute resolution options like negotiation, mediation, and arbitration. It then describes the court system from state trial courts to federal district courts. The remainder of the document outlines the steps in a civil trial, including pleadings, discovery, pre-trial motions, jury selection, presentation of evidence by both sides, jury instructions, deliberation and possible post-trial motions.

Uploaded by

jebluk
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd
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Click your mouse anywhere on the screen to advance the text in each slide.

After the starburst appears, click a blue triangle to move to the next slide or previous slide.

Business Law and the Legal Environment for a New Century


Alternate Edition

Quote of the Day


Facts are ventriloquists dummies. Sitting on a wise mans knee they may be made to utter words of wisdom; elsewhere, they say nothing, or talk nonsense or indulge in sheer diabolism.
Aldus Huxley, British Author

Business Law and the Legal Environment for a New Century


Alternate Edition

There is only one good kind of legal dispute -The one that is prevented!
You have a chance to go broke twice in your life; once when you lose a lawsuit, the other time, when you win.

Business Law and the Legal Environment for a New Century


Alternate Edition

Litigation vs. Alternative Dispute Resolution

Litigation refers to lawsuits; the process of filing claims in court, and ultimately going to trial. Alternative Dispute Resolution is any other formal or informal process for settling disputes without going to trial.

Business Law and the Legal Environment for a New Century


Alternate Edition

Alternative Dispute Resolution


Negotiation Mediation
(most common forms)
Parties make offers and counter-offers for settlements. May be face-to-face or through lawyers. Neutral person (mediator) attempts to get parties to reach a voluntary settlement. Mediation may be ordered by a judge. Mediator does not render a decision. Neutral person (arbitrator) is involved. Arbitrator does render a binding decision. Arbitration may be mandatory, if chosen in advance as the method for dispute resolution.

Arbitration

Business Law and the Legal Environment for a New Century


Alternate Edition

Alternative Dispute Resolution


Mini-trial
(less common forms)
Parties stage a short trial to a panel of three judges. Two of the judges are executives of the disputing corporations; the third is a neutral party. Lawyers present shortened cases; judges discuss settlement.
Initiated and supervised by a court. Each side summarizes to a mock jury what witnesses would say if called before a real jury. Jury deliberates and tries to reach consensus, but may vote individually if necessary. Allows each side to see how a trial might turn out.
Click here to search the internet for Alternative Dispute Resolution

Summary Jury Trial

Business Law and the Legal Environment for a New Century


Alternate Edition

State Court System


Usually 7 Justices; may refuse to hear a case; final authority Three judges; never a jury

State Supreme Court (Highest Appeals Court)

Lower Appeals Courts

Click on any box below for a definition of the jurisdiction of that trial court.
General Civil Division General Criminal Division

Small Claims Division Municipal Division

Juvenile Division

Land Division Domestic Relations Division

Trial Courts of General Jurisdiction


One judge; may have jury

Probate Division

Trial Courts of Limited (or Specific) Jurisdiction


One judge; may have jury

Business Law and the Legal Environment for a New Century


Alternate Edition

Federal Courts -Two kinds of civil lawsuits permitted


Federal Question Cases
A claim based on the United States Constitution, a federal statute, or a federal treaty

Diversity Cases
When the plaintiff and defendant are citizens of two different states, AND the amount in dispute is greater than $50,000

Click for an internet intro to past or present Supreme Court Justices

Business Law and the Legal Environment for a New Century


Alternate Edition

The Federal Court System


*
Click here to see a map of the 12 Circuits of the U.S. Courts of Appeals.

United States Supreme Court (Highest Appeals Court)

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

Three judges hear each case, brought up from the District Courts.

U.S. Courts of Appeals (12 Circuits)

Lower Appeals Courts

U.S. Court of Appeals for the Federal Circuit

Hears appeals from specialized trial courts.

Click on any box below for a definition of the jurisdiction of that trial court.
U.S. District Courts U.S. Bankruptcy Courts U.S. Tax Courts U.S. Court of International Trade Various Federal Agencies U.S. Claims Court U.S. Patent & Trademark Office

Primary Trial Court

Trial Courts of Limited (Specific) Jurisdiction

Trial Courts of Limited (Specific) Jurisdiction

Business Law and the Legal Environment for a New Century


Alternate Edition

Steps in Beginning Litigation


Pleadings: Papers that begin a lawsuit
1. Complaint -- Short, plain statement of the
allegations and the legal claims. This is served or delivered with a summons.

2. Answer -- A brief reply to the allegations.


3. Counter-Claim -- Sometimes the accused
party will initiate a second suit in response to the first.

4. Reply -- A brief reply to the counter-claim.

Business Law and the Legal Environment for a New Century


Alternate Edition

Possible Variations on Pleadings


Counter-claim
If the accused party thinks the accusing party has contributed to the problem or has wronged them, they may file a second suit, in reverse of the first.

Class Actions
If the plaintiff has evidence that the wrong in question has affected a large number of unrelated persons, the suit may become a class-action suit, with the plaintiff representing an entire class of plaintiffs.

Judgment on the Pleadings


Either party can ask the court for a judgment based on the initial complaint and answer, but few cases are dismissed at this point.

Business Law and the Legal Environment for a New Century


Alternate Edition

Discovery -next step after pleadings


Discovery allows both sides to uncover evidence, encouraging a settlement without trial or ensuring few surprises during a trial. Interrogatories -- written questions that the other party must answer, under oath

Depositions --

interview (under oath) of other party or potential witnesses; done by opposing lawyer each side may request to see the other sides evidence each side may request that undisputed facts be admitted or denied, to avoid wasting time on them

Production of Evidence --

Requests for Admission --

Business Law and the Legal Environment for a New Century


Alternate Edition

Other Steps Before Trial


Summary Judgment -- a ruling by the court
that no trial is necessary because there are no essential facts in dispute; may be requested by either side.

Final Preparation

-- if the case is to proceed to

trial, both sides make a list of witnesses and rehearse questions with their own witnesses. Preparation is allowed, but telling the witnesses how to answer is not legal or ethical.

Business Law and the Legal Environment for a New Century


Alternate Edition

Beginning a Trial
Jury Selection: Process called voir dire
If both sides agree, they may waive their right to a jury.

1. Questioning -- Each potential juror is questioned, to


uncover biases.

2. Challenges for Cause -- Each side can claim any


juror shows significant bias.

3. Peremptory Challenges -- Each lawyer can dismiss a


limited number of jurors without stating a reason.

4. Jury Chosen -- 12 jurors and 2 alternates

Business Law and the Legal Environment for a New Century


Alternate Edition

Procedural Rules for a Trial


Burden of Proof
The plaintiff must convince the jury that its version of the case is correct. In a civil case, the proof needs to be by a preponderance of evidence (meaning at least slightly more likely to be true). In a criminal case, the proof required is higher; it must be beyond a reasonable doubt.

Rules of Evidence
Lawyers are allowed to ask only questions that are relevant to the case.

Business Law and the Legal Environment for a New Century


Alternate Edition

The Plaintiffs Case


First, Opening Arguments Plaintiff Calls Witnesses
This is a brief summary, given by each side, of the facts they hope to demonstrate. Questions to own witnesses is direct examination. Lawyer only asks questions with helpful answers. Questions to opposing witnesses is cross examination. Again, lawyer asks questions with helpful answers. This is asking the judge to decide that the plaintiff has no case worth proceeding with.

Defendant Questions Witnesses

Defendant Moves for Directed Verdict

Business Law and the Legal Environment for a New Century


Alternate Edition

The Defendants Case


Opening Arguments
Defendants opening arguments were presented earlier, before the plaintiff presented its case. Questions to own witnesses is direct examination. Lawyer only asks questions with helpful answers. Questions to opposing witnesses is cross examination. Again, lawyer asks questions with helpful answers. Brief summary, by both sides, urging the jury to believe their side of the case.

Defendant Calls Witnesses

Plaintiff Questions Witnesses

Closing Arguments

Business Law and the Legal Environment for a New Century


Alternate Edition

After Both Sides Rest (Finish)


Jury Instructions
The judge instructs the jury to evaluate the case solely on the facts of the evidence presented. If the case is influenced by a certain legal presumption, the judge will summarize that for the jury.

Deliberation and Verdict


The jury discusses the case for as long as needed (anywhere from less than an hour to several weeks). Sometimes the jury must be unanimous; other times only a majority (at least 7) or a 10-2 vote is required.

Business Law and the Legal Environment for a New Century


Alternate Edition

The Trial is Over or is it?


Motions after the Verdict
The loser might request a judgment n.o.v., asking the judge to overturn the verdict on a legal technicality or on a claim that the jury ignored the evidence. If the judgment n.o.v. is denied, the losing side may request a new trial, on the same claims. The recourse for the loser is to file an appeal, a request for a higher court to examine the facts. The appeals court may affirm the verdict, modify the award, reverse and remand (send it back to trial) or simply reverse (overturn) the lower courts verdict.

Appeal

Settlement

At any point, either side may offer to settle the case, even between the verdict and the beginning of an appeal.

Business Law and the Legal Environment for a New Century


Alternate Edition

The process of litigation, with its potential for errors or biases, may influence the outcome of a dispute as strongly as the law itself. That is all the more reason to prevent disputes if possible, or to use alternative methods of dispute resolution.

Business Law and the Legal Environment for a New Century


Alternate Edition

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