Chapter 3: Court Procedures

Question 0

What steps should one take when selecting an attorney?

Answer 0

How to select: referrals, sometimes advertisements

Fees: recovery or by the hour

Question 1

Provide a general outline of the different stages of a lawsuit.

Answer 1

1. Hire lawyer
2. Stage 1: Starting the lawsuit - Pleadings
3. Stage 2: Discovery
4. Stage 3: Trial
5. Appeal
6. Enforcing the judgement
   .

Question 2

Outline in detail what occurs during Stage 1/Pleadings of a lawsuit.

Answer 2

The plaintiff files
    Complaint
    Service of process (summons and complaint)
    Default judgement (if no response)
    Answer ( defendant files against complaint)
    Cross-complaint (filing complaint against plaintiff who filed        complaint against defendant or against a 3rd party)
    Demure (defendant files to court over a confusing complaint)
    Motion for summary judgement
    At-issue memo (document filed for court to await trial after all complaints are filed)

Question 3

Give a detailed account of what goes on during Stage 2/Discovery phase of a lawsuit.

Answer 3

Purpose: to better prepare for trial and settle before trial

Tools:

Deposition:  face-to-face meeting questioning defendant/ plaintiff with opposing attorney

Interrogatories:  written questions mailed to defendant/plaintiff

Documents:  written documents related to the case are required to be presented

Physical Inspection:  can schedule appt. to see the physical evidence

Question 4

What occurs during Stage 3/Trial of the lawsuit?

Answer 4

JURY

Jury selection - void dire (to weed out jurors)
Challenge-preemptory (no real reason for prejudice-attorney hoc 4)
for cause (any prejudice that will effect the case)
Alternate-someone to replace a juror who needs to leave

TRIAL

Opening Statements-summarize what they are trying to prove
Witnesses-direct examination (attorney questions his defendant)
cross-examination (opposing attor. questions defendant)
Closing Arguments
Jury Instructions

Question 5

What are the rules of the trial?

Answer 5

Hearsay-person is not allowed to quote/repeat what someone said in past.

Opinion-witnesses are not allowed to give opinions

Irrelevant and prejudicial-info not relevant to case and/or designed to make someone be looked upon dis favorably

Leading questions-when the question itself gives a desired answer and not allowed on direct examination

Question 6

What is the exception to the hearsay rule?

Answer 6

Dying declaration

 1. At time statement was made-imminent death
 2. Have to know they are dyin

Question 7

Who can appeal?

Answer 7

Either party may appeal.

Question 8

Who hears the appeal?

Answer 8

Three judge panel, no question of fact