Litigation Process

Question 1

Grit

Answer 1

Growth mindset that encourages us to view challenges as opportunities for learning and development

Question 2

Civil - Purpose

Answer 2

Resolves private disputes, typically seeking compensation

Question 3

Civil - Parties

Answer 3

Plaintiff v. Defendant

Question 4

Civil - Standard of Proof

Answer 4

Typically, preponderance of the evidence

Question 5

Civil - Outcomes

Answer 5

Monetary damages or specific performance

Question 6

Civil - Defendant’s rights

Answer 6

Limited rights, no guaranteed attorney

Question 7

Civil - Types of Cases

Answer 7

Contracts, personal injury, property disputes

Question 8

Civil - Case Initiation

Answer 8

Initiated by Plaintiff

Question 9

Civil Litigation Process

Answer 9

Trial Court > Appellate Court > CA Supreme Court

Question 10

Trial Courts

Answer 10

Where cases begin and evidence is presented

Question 11

Appellate Courts

Answer 11

Review the trial court and lower court’s application of the law/decisions

Question 12

CA Supreme Court

Answer 12

Resolves conflicts in law and addresses cases of significant public interest

Question 13

Benefits of ADR

Answer 13

Lower costs
Faster resolution
Typically confidential
Party control
Tailored solutions
Relationship preservation
Finality

Question 14

Mediation

Answer 14

a neutral mediator helps parties reach a voluntary agreement through facilitated discussion

Question 15

Arbitration

Answer 15

a neutral mediator hears both sides and makes a binding or non-binding decision, similar to a court ruling

Question 16

Negotiation

Answer 16

parties directly communicate to resolve their dispute without third-party involvement, often leading to a mutually agreed-upon settlement

Question 17

Collaborative Law

Answer 17

involves lawyers trained in collaborative practices who work with the parties to settle disputes, often used in family law

Question 18

Early Neutral Evaluation (EVE)

Answer 18

an expert evaluator assesses the strengths and weaknesses of the case, offering a non-binding opinion to guide settlement discussions.

Question 19

Settlement Conferences

Answer 19

facilitated by a judge or neutral party within the court system, these conferences aim to settle cases before trial

Question 20

Mini Trial

Answer 20

a structured settlement process where each side presents a summarized version of their case to a panel for a non-binding opinion

Question 21

Empathy

Answer 21

understanding and sharing another person’s feelings

Question 22

Sympathy

Answer 22

feeling pity or sorrow for someone else’s misfortune

Question 23

Litigation Process Timeline

Answer 23

Pleadings, Discovery, Trial, Judgment

Question 24

Pleadings

Answer 24

Parties bring claims & defenses
Complaint
Answer

Question 25

Discovery

Answer 25

Parties exchange information
Identify potential witnesses and interview

Question 26

Trial

Answer 26

Open & Closing statements
Examine and Cross-Examine witnesses
Parties put on evidence
Jury deliberates & reaches verdict

Question 27

Judgment

Answer 27

Judge enters judgment
Parties execute the judgment
Appeal

Question 28

Motion to Dismiss

Answer 28

During the Pleading Stage
attempt to get verdict made early in the litigation process based only on the pleadings

Question 29

Motion for Summary Judgment

Answer 29

During the Discovery Stage
attempt to get an early judgment based on pleadings and discovery

Question 30

Motion for Judgment as a Matter of Law (Trial)

Answer 30

attempt to skip deliberation and get a judgment based on everything from a judge

Question 31

Motion for Judgment as a Matter of Law (Judgment)

Answer 31

Attempt to get a judgment in their favor

Question 32

Judgment Stage Motions

Answer 32

Motion for Judgment as a Matter of Law
Post Trial Motions
New Trial Motions

Question 33

Demurrer

Answer 33

challenges the sufficiency of another party’s pleadings without addressing the truth of the facts presented

Question 34

General Demurrer

Answer 34

challenge broad issues like improper venue

Question 35

Specific Demurrer

Answer 35

focus on specific defects, such as insufficient facts for a cause of action.

Question 36

Judge’s Role

Answer 36

Rule on Motions
Decide the Law
Supervise: Pleadings, Discovery, Trial
At trial: Rule on objections, gives jury instructions
Enters judgment

Question 37

Jury’s Role

Answer 37

Decide: Facts, The application of law to facts
Determine credibility
Weigh the evidence
Return a verdict