What Happens When You are Sued? Flashcards
What are the steps in the legal process of suing? 9
Complaint Answer Pre-trial motions Pre-trial discovery Pre-trial hearings Settlement (if any) Trial Judgement or jury ruling Appeals (if any)
The complaint (1) -
Who is it filed with?
Who is it “served” to?
What does it do?
What does it ask of the court?
Filed with the court by plaintiffs attorney
Served on you (in-person for missouri and Kansas)
Lays out allegations against you (civil tort allegations)
To award damages to plaintiff
Is there a statute of limitations on when a complaint can be filed?
Yes, all states have them.
What are the requirements of the defendants answer (2) to the court of the complaint?
Filed within 30 (business) days of receiving it
Respond to every allegation
Describe any legal defense defendant plans to use
GET ATTORNEY FOR THIS PROCESS
How long can it take for a case to go to trial?
Years
What happens during the pre-trial motions (3)?
Both parties file motions in attempts to advance their position, these usually take form in legal arguments about a particular point in the complaint or answer.
There are rules of which motions and when they can be filed
A LOT OF LEGAL RESEARCH GOES INTO THESE
What is the pre-trial discovery THIS HAPPENS BEFORE PRE-TRIAL MOTIONS (4)?
Finding out as much as possible about the case:
Interrogates: written questions to the parties
Depositions: tapes or recorded oral questioning under oath of involved persons
Requests for production: requesting documents or other tangible evidence NO DESTROYING STUFF AFTER THIS COMES OUT
THIS STUFF CAN BE USED IN TRIAL
Describe pre-trial hearings (5).
Sets the schedule for the legal process
Resolved some disputed matters (expert witnesses)
Resolve legal questions that don’t go to a jury
Eliminate irrelevant information from the trial
Etc…
Describe what a potential settlement entails(6)? Where do they take place? How is the information treated?
Most cases are settled before they go to trial
Either: individual attorneys negotiate on behalf of their clients OR formal mediation/arbitration (someone who mediates for a living mediates two parties to ensure flow of conversation stays on track and isnt argumentative
Information is confidential and can’t be used in trial
Do parties have to admit wrongdoing in a settlement?
No!
What are the stages of a trial(7)?
Jury selection Opening statements Plaintiffs evidence Defendants evidence Closing statements Jury or judge instructions (pre-written for jury) Jury or judge decision
THE JUDGEMENT ENDS THE ISSUA UNLESS AN APPEAL IS MADE
DOESNT NECESSARILY HAVE TO HAVE A JURY, CAN REQUEST NO JURY
Describe the judgement (8)?
This is considered to be final say on the matter (res judicata)
However
A party can request the jury decision be overturned or a new trial given if?
A party can request the jury decision be overturned or a new trial given if???
The jury decision clearly contradicts the evidence (because of threat possibly)
Legal mistakes were made during the trial (attorney slept through trial, failed to object for example)
There is new discovered and relevant information
Are many verdicts accepted for review for the appellate court (9)?
appellate court decided whether to look at case or not
No
What makes a case appealable?
Legal mistake was made by district court judge that was prejudicial to the party appealing, caused harm to you.
USUALLY REQUIRES NEW, APPELLATE ATTORNEY
What does the appellate court look at in an appeal?
Only the appellate briefs, not the entire trial
Is there usually any oral argument in the appellate court?
No
Are there particular rules about how and when appellate briefs must be filed?
Yes
