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LIFE OF A LAWSUIT

LIFE OF A LAWSUIT. Or, how to spend a lot of money. Civil vs. Criminal . A Criminal lawsuit is filed by the government on behalf of the people against a “Defendant” individual or company for an alleged violation of the criminal law

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LIFE OF A LAWSUIT

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  1. LIFE OF A LAWSUIT Or, how to spend a lot of money

  2. Civil vs. Criminal • A Criminal lawsuit is filed by the government on behalf of the people against a “Defendant” individual or company for an alleged violation of the criminal law • A Civil lawsuit is filed by one private citizen or company, the “Plaintiff”, against a “Defendant” individual or company for an alleged violation of rights (personal injury, breaking a contract, etc.)

  3. Should I File a Civil Lawsuit? • Were my legal rights violated? • Have I tried to informally resolve the situation? • What will it cost me if I win / lose? • Can I handle the hassle? • If I was sued by someone else – Can I informally resolve the situation?

  4. Petition / Complaint • Court filing that identifies the Plaintiffs and Defendants and sets out the factual and legal bases of the lawsuit • Must be formally “served” on the Defendants • Defendants then have 20 – 30 days to file a formal reply, usually an “Answer”

  5. Discovery • The process of “discovering” facts the other side has relevant to the lawsuit • Goal is to avoid “trial by ambush” and to encourage settlement before trial • Usually takes six months to two years • Often the most expensive part of a lawsuit

  6. Interrogatories and Requests for Production of Documents • Interrogatories – Written questions to the other side • RFPs – Require the other side to produce copies of all paper and electronic files that either contain relevant evidence or might lead to the discovery of relevant evidence

  7. Depositions • Sworn testimony • Usually in a conference room with lawyers, a court reporter, but no judge • Creates a typed and sometimes DVD transcript • Used for lawyers to prepare for trial and commit the witnesses to their testimony before trial

  8. Expert Witnesses • Often used in a case to help explain to the jury how a technical or complicated matter works • Examples include engineers, economists, doctors, accident reconstructionists, legal experts • Often a key part of the lawsuit

  9. Summary Judgment • Often used before trial to try to convince judge that some issues should be thrown out of the case before the trial begins • Not often granted

  10. Trial • Trial Court (Often called “District Court”) • Can be tried to a judge or to a jury, depending on the issues and whether any party requested a jury trial • Usually a 12 person jury in state court, and 6 person jury in federal court • Civil juries – no need for unanimous • Criminal juries are always 12 and must be unanimous

  11. Rules of Evidence at Trial • Confusing to many who have never been to court • Designed after many years of experience to help keep out evidence that could be unreliable or overly emotional • Much different then you see on TV

  12. The Court of Appeals • “I’m going to appeal the verdict” • Did the judge made any big mistakes on what evidence she let in or how she instructed the jury? • Is any applicable law unconstitutional? • Court of Appeals – Legal briefs filed, then oral argument. Often takes 1-2 years.

  13. United States Supreme Court • S. Ct not required to hear most cases. Requests called “Petition for a Writ of Certiorari” (to be more fully informed). Writ is command to lower court. • Only about 1% of Petitions for Writ of Cert. are granted • Court must take certain cases • Impact on daily life?

  14. QUESTIONS?

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