Litigation

Question 1

Differences between Civil Litigation vs. Criminal

Answer 1

Civil is disputes between private parties. Criminal is initiated by sovereign to punish a criminal offense.

Question 2

Define Administrative Litigation

Answer 2

regulatory oversight of certain areas of the law (e.g. workers comp. licensing disputes, unemployment insurance)

Question 3

Burden of Proof for Litigation

Answer 3

Civil: Greater weight of evidence
Criminal: Beyond a reasonable doubt

Question 4

Outline of a Civil Case

Answer 4

Fact gathering (Discussed in Chap Two)

Pleading

Discovery and Motions

Trial and post-trial proceedings

Question 5

What begins the litigation?

Answer 5

Following fact gathering, Plaintiff files complaint.

Plaintiff must then serve complaint (and summons) on Defendant(s).

Defendant either answers or moves to dismiss, or perhaps defaults.

Court enters scheduling order.

Parties take discovery (formal fact gathering).

At close of discovery, one or both parties may move for summary judgment.

If not resolved, case set for trial.

Question 6

Can you appeal to a appellate court?

Answer 6

Yes. You get one automatic right to appeal