Litigation Process Flashcards
Grit
Growth mindset that encourages us to view challenges as opportunities for learning and development
Civil - Purpose
Resolves private disputes, typically seeking compensation
Civil - Parties
Plaintiff v. Defendant
Civil - Standard of Proof
Typically, preponderance of the evidence
Civil - Outcomes
Monetary damages or specific performance
Civil - Defendant’s rights
Limited rights, no guaranteed attorney
Civil - Types of Cases
Contracts, personal injury, property disputes
Civil - Case Initiation
Initiated by Plaintiff
Civil Litigation Process
Trial Court > Appellate Court > CA Supreme Court
Trial Courts
Where cases begin and evidence is presented
Appellate Courts
Review the trial court and lower court’s application of the law/decisions
CA Supreme Court
Resolves conflicts in law and addresses cases of significant public interest
Benefits of ADR
Lower costs
Faster resolution
Typically confidential
Party control
Tailored solutions
Relationship preservation
Finality
Mediation
a neutral mediator helps parties reach a voluntary agreement through facilitated discussion
Arbitration
a neutral mediator hears both sides and makes a binding or non-binding decision, similar to a court ruling
Negotiation
parties directly communicate to resolve their dispute without third-party involvement, often leading to a mutually agreed-upon settlement
Collaborative Law
involves lawyers trained in collaborative practices who work with the parties to settle disputes, often used in family law
Early Neutral Evaluation (EVE)
an expert evaluator assesses the strengths and weaknesses of the case, offering a non-binding opinion to guide settlement discussions.
Settlement Conferences
facilitated by a judge or neutral party within the court system, these conferences aim to settle cases before trial
Mini Trial
a structured settlement process where each side presents a summarized version of their case to a panel for a non-binding opinion
Empathy
understanding and sharing another person’s feelings
Sympathy
feeling pity or sorrow for someone else’s misfortune
Litigation Process Timeline
Pleadings, Discovery, Trial, Judgment
Pleadings
Parties bring claims & defenses
Complaint
Answer
Discovery
Parties exchange information
Identify potential witnesses and interview
Trial
Open & Closing statements
Examine and Cross-Examine witnesses
Parties put on evidence
Jury deliberates & reaches verdict
Judgment
Judge enters judgment
Parties execute the judgment
Appeal
Motion to Dismiss
During the Pleading Stage
attempt to get verdict made early in the litigation process based only on the pleadings
Motion for Summary Judgment
During the Discovery Stage
attempt to get an early judgment based on pleadings and discovery
Motion for Judgment as a Matter of Law (Trial)
attempt to skip deliberation and get a judgment based on everything from a judge
Motion for Judgment as a Matter of Law (Judgment)
Attempt to get a judgment in their favor
Judgment Stage Motions
Motion for Judgment as a Matter of Law
Post Trial Motions
New Trial Motions
Demurrer
challenges the sufficiency of another party’s pleadings without addressing the truth of the facts presented
General Demurrer
challenge broad issues like improper venue
Specific Demurrer
focus on specific defects, such as insufficient facts for a cause of action.
Judge’s Role
Rule on Motions
Decide the Law
Supervise: Pleadings, Discovery, Trial
At trial: Rule on objections, gives jury instructions
Enters judgment
Jury’s Role
Decide: Facts, The application of law to facts
Determine credibility
Weigh the evidence
Return a verdict
