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Introduction to Civil Procedure in the United States

Introduction to Civil Procedure in the United States. Wake Forest LLM Introduction to American Law Alan R. Palmiter – Sep. 2005. Course of Civil Litigation. Pleading Discovery Pre-trial Trial Post-trial (appeals) Filters at each stage.

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Introduction to Civil Procedure in the United States

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  1. Introduction to Civil Procedure in the United States Wake Forest LLM Introduction to American Law Alan R. Palmiter – Sep. 2005

  2. Course of Civil Litigation Pleading Discovery Pre-trial Trial Post-trial (appeals) • Filters at each stage

  3. Course of Civil Litigation Pleading • Complaint (joinder / individual or class action) • Answer (admit, deny, lack info / counterclaim, cross-claim) • Liberal “notice pleading” and amendments • Filters • Default judgment • Motion to dismiss (“so what”) • Rule11 sanctions

  4. Course of Civil Litigation Discovery • Depositions • Interrogatories • Document requests • Examinations (physical and mental) • Admissions • Filters • Protections (privileges, work product, court order) • Discovery conference • Compel discovery / sanctions

  5. Course of Civil Litigation Discovery • Depositions • Interrogatories • Document requests • Examinations (physical and mental) • Admissions • Filters • Protections (privileges, work product, court order) • Discovery conference • Compel discovery / sanctions Settlement

  6. Course of Civil Litigation Pre-trial • Settlement conference • Alternative dispute methods: mediation / arbitration • Pre-trial conference • Filters • Summary judgment (“trial on papers”) • Voluntary dismissal (settlement)

  7. Course of Civil Litigation Trial • Jury / bench trial • Live, continuous: witness / exhibits • Rules of evidence • Lawyer arguments • Filters • Directed verdict (judgment as matter of law) • Jury instructions

  8. Course of Civil Litigation Post-trial (appeals) • Reopen case before appeal • Enforcement of judgment • Appeal (on record) • Filters • Judgment notwithstanding verdict (NOV) • Order for new trial (mistakes, new evidence) • Appeal: affirm, reverse, remand

  9. Judicial Action • Final relief - Judgment • Preliminary relief • Costs • Effect of judgment

  10. Judicial Action • Final relief – Judgment • Money damages (legal) • Injunction (equitable) • Declaratory judgment • Preliminary relief • Costs • Effect of judgment

  11. Judicial Action • Final relief – Judgment • Preliminary relief • Temporary restraining order • Preliminary injunction • Costs • Effect of judgment

  12. Judicial Action • Final relief – Judgment • Preliminary relief • Costs • Court costs (prevailing party) • Attorney fees (American rule) • Fee statutes • Effect of judgment

  13. Judicial Action • Final relief – Judgment • Preliminary relief • Costs • Effect of judgment • Res judicata (claim preclusion – apple) • Collateral estoppel (issue preclusion – orange)

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