Printable Lesson Materials
|
|
- Timothy Hubbard
- 5 years ago
- Views:
Transcription
1 Printable Lesson Materials Print these materials as a study guide These printable materials allow you to study away from your computer, which many students find beneficial. These materials consist of two parts: graphic summaries of the content and a multiple choice quiz. Graphic Summaries This portion of your printable materials consists of dozens of frames that summarize the content in this lesson. The frames are arranged on the page to make it easy for you to study the material and add your own notes from your textbook or the online course. Quizzes Many students learn best from sets of questions, and this multiple choice quiz allows you to focus your review of the material to important topics Rockwell Institute NE 20th Street Bellevue, WA
2 California Real Estate Law Lesson 2: Resolving Legal Disputes Introduction This lesson will discuss: alternative dispute resolution phases of litigation enforcing judgments appeal Alternative Dispute Resolution Negotiated settlement Negotiated settlement: parties might compromise Parties meet, present initial positions Negotiations, rounds of offers and counteroffers If parties reach agreement, lawyer drafts settlement agreement Quick, final, cheap 1
3 Alternative Dispute Resolution Mediation If negotiations? compromise, then parties may try mediation or arbitration. Mediation: negotiation with help of neutral third party Mediator helps negotiations move along Not binding Alternative Dispute Resolution Mediation costs Costs usually split by parties. Volunteer mediators = free or cheap Complex disputes need specialized mediators that cost more. Alternative Dispute Resolution Arbitration Arbitration: formal hearing of case, lawyers on both sides Like a mini-trial w/o jury Voluntary or involuntary Arbitrators more conservative than juries in awarding damages 2
4 Arbitration Involuntary arbitration Involuntary arbitration: required by statute or court order nonbinding, parties can appeal Arbitration Voluntary arbitration Voluntary arbitration: agreed upon in contracts also called mandatory arbitration binding, can t appeal unless misconduct Arbitration Arbitrator misconduct Court overturns binding arbitrations if arbitrator s decision caused by: fraud corruption other misconduct Complaining party must show misconduct affected arbitration award. 3
5 Summary Alternative Dispute Resolution Negotiation Mediation Arbitration Litigation Different phases of litigation: determining jurisdiction beginning the lawsuit discovery motions trial enforcement appeal Jurisdiction Jurisdiction: court s authority to make legally valid judgments on cases it hears. To hear a case, a court needs both personal and subject matter jurisdiction. 4
6 Personal jurisdiction Personal jurisdiction: court s right to force defendant into court Court has personal jurisdiction only if defendant: committed some act in the state, or has some connection with the state Subject matter jurisdiction Subject matter jurisdiction: court s right to issue judgment over the type of case Courts have either: general jurisdiction limited jurisdiction General and limited jurisdiction General jurisdiction: court can hear all types of cases Example: Trial court hears civil and criminal cases Limited jurisdiction: court can hear only certain type of case Example: U.S. Tax Court 5
7 Federal court jurisdiction Plaintiff s choice between state or federal courts. Federal courts subject matter jurisdiction if: U.S. government is a party question of federal law diversity of citizenship Federal court jurisdiction U.S. government is a party Example: prosecution of federal crime Question of federal law Example: claim made under U.S. Constitution Diversity of citizenship Example: plaintiffs/defendants from diff. states Small claims court Small claims court: Plaintiff s claim < $7,500 (unless business) No jury Simplified procedure No lawyers present Quicker, cheaper 6
8 Beginning a lawsuit Complaint: document from plaintiff outlining case against defendant Filing: plaintiff files complaint with clerk of the court Service: plaintiff has copy of complaint served on defendant by nonparty Complaint, answer, and other similar documents are called pleadings. Beginning a lawsuit Defendant must answer plaintiff s complaint. Often a denial of plaintiff s assertions In CA, defendant 30 days to answer No answer default judgment for plaintiff Beginning a Lawsuit Answer Defendant s answer is sometimes more than denial: affirmative defenses: such as lack or jurisdiction, or the statute of limitations counterclaims : defendant s claims against plaintiff 7
9 Beginning a Lawsuit Statute of limitations Statute of limitations: limited time to bring lawsuit too much time hard for witnesses to remember what happened delayed discovery rule: statute of limitations starts running after reasonable chance to discover injury limit can be set in contract also Beginning a Lawsuit Jury demand Jury demand: both sides have limited time to request jury If no jury, then bench trial (judge decides) Beginning a Lawsuit Lis pendens Lis pendens: plaintiff s lawyer files notice warning that property involved in lawsuit possible judgment may affect new buyer of that property red flag scares off buyers 8
10 Beginning a Lawsuit Remedies Plaintiff asks for remedies in complaint. Most commonly requested remedy: compensatory damages Remedies Compensatory damages Compensatory damages reimburse for actual financial losses from other party s actions. Examples: lost wages damage to property medical bills Remedies Punitive damages Very flagrant or severe acts by defendant punitive damages Punitive damages: deter defendant and others from similar acts in the future can be up to 10 times amount of compensatory damages 9
11 Remedies Specific performance Specific performance: forces defendant to perform contract when damages alone can t satisfy plaintiff only for unique subjects, like real estate Discovery Discovery: learning about opposing party s case by: interrogatories (written questions) depositions (oral questions) requests for production (document requests) Discovery Interrogatories Interrogatories: written sets of questions parties send to each other gain useful information through written answers parties answer as narrowly as possible 10
12 Discovery Depositions Depositions: scheduled meetings for parties to ask questions in person under oath gauge personalities sometimes more info is revealed in person than in written answers Discovery Requests for production Requests for production: written request to other side asking for copies of documents relevant to case Examples: medical bills pay stubs Discovery Each party required by law to respond to other s discovery requests. Each side has realistic view of likely outcome Encourages settlement 11
13 Motions A party can make a motion: a formal request for a particular order. Both sides present arguments about request Most common: summary judgment motion Asking court to rule on validity of legal issue or claim before trial Summary judgment Court won t grant motion for summary judgment if factual issues exist (unanswered questions about the facts). Factual issues require trial (witness testimony) Summary Jurisdiction Complaint Answer Remedies Discovery Motion 12
14 Litigation Trial Trial structure: jury selection (if not a bench trial) opening statements testimony closing arguments jury instructions verdict Trial Jury selection Judge/lawyers ask potential jurors questions, looking for any bias. Also called voir dire. Judge may dismiss jurors (for cause) Lawyers may dismiss limited number of jurors without cause (peremptory challenge) Trial Opening statements Opening statement: begins trial, plaintiff s lawyer describes argument intends to make Defendant s lawyer gives separate opening statement against plaintiff s statement. 13
15 Trial Testimony Witness on each side: fact witnesses testify on what they saw, can t offer opinion expert witnesses offer opinion based on education or experience (doctors, engineers, etc.) Trial Closing arguments A lawyer s closing argument: sums up the evidence emphasizes key points for the judge or jury to consider during deliberation Trial Jury instructions After closing arguments, judge instructs jury (if there is one) about law relevant to case, such as degree of proof necessary to reach verdict. 14
16 Trial Verdict Verdicts differ, depending what kind of case: CA civil cases need at least ¾ of jurors to agree criminal cases need unanimous verdicts Hung jury if the jurors can t agree forces new trial with different jury Summary Litigation: Trial Jury selection Opening statements Testimony Closing statements Jury instructions Verdict Enforcing Judgments Winning judgment? automatic money Plaintiff has 10 years to collect judgment Most common enforcement methods: judgment liens (foreclosure) garnishment (wage withholding) 15
17 Enforcing Judgments Judgment liens Judgment creditor (plaintiff) can secure award with lien on real property owned by judgment debtor (defendant). Judgment creditor can foreclose on property Proceeds from sale satisfy judgment Enforcing Judgments Garnishment Judgment creditor can collect judgment from debtor s pay. Earnings withholding order Employer withholds and passes to creditor Amount to survive can t be garnished Appeal Unhappy litigant can appeal (within 30 days): first, to the appellate court next, to the supreme court Appeals to supreme courts are typically discretionary: court can refuse to hear appeal. 16
18 Appeal Courts of review Proper appellate court determined by geography zone. Six appellate courts in CA CA appellate courts handle appeals from superior courts in same district U.S. appellate courts called circuit court of appeals: 11 federal appellate courts Appeal Process Appellant: party filing appeal Respondent: party arguing against appeal (also called the appellee) Appellate court reviews written arguments and trial record (transcript of original trial). Lawyers for each side also present oral arguments and answer questions. Appeal Issues on appeal Most appeals limited to trial court record. No new evidence or legal issues introduced. Rulings based on: questions of fact usually not overturned questions of law sometimes overturned 17
19 Appeal Issues on appeal Questions of law : involves interpreting a statute or case law Example: Were the required elements of fraud present? Questions of fact: no legal analysis involved Example: Did the defendant sign the contract? Appeal Prejudicial vs. harmless Appellate court overturns only if lower court s ruling based on prejudicial error. Prejudicial error: affected trial s outcome in way that harmed appellant Harmless error: error that didn t affect outcome Appeal Disposition of the appeal If reviewing court finds reversible error, it can: issue new ruling/verdict remand case back to lower court order new trial 18
20 Summary Enforcement and Appeal Judgment liens Garnishment Issues on appeal Prejudicial vs. harmless error 19
21 Legal Aspects of Real Estate Lesson 2 Cumulative Quiz 1. Which of the following is the least expensive method of dispute resolution? A. Arbitration B. Mediation C. Negotiation D. Trial 2. A dispute resolution method in which a neutral third party facilitates discussion between parties, but does not impose a decision, is: A. arbitration B. defenestration C. mediation D. negotiation 3. A contract requires the parties to use binding arbitration for any disputes that arise in connection with the contract. This is known as: A. involuntary arbitration B. mandatory arbitration C. voluntary arbitration D. Both B and C 4. All of the following determine whether a court has jurisdiction, except: A. the amount of money at issue B. the type of claim at issue C. what state the parties reside in D. whether the parties want the case decided by a judge or jury 5. If a plaintiff brings suit in the federal court system, the case will first be heard in a: A. Circuit Court B. District Court C. Superior Court D. Supreme Court 6. A federal court always has jurisdiction over a case in all of these instances, except when: A. the amount in controversy is $7,500 or less B. the federal government is a party C. there is a question of federal law D. there is diversity of citizenship (and at least $75,000 at issue) 2009 Rockwell Publishing 1
22 7. The plaintiff initiates a lawsuit by filing a/an, which describes the cause of action and makes a request for relief. A. answer B. complaint C. deposition D. lis pendens 8. A defendant in California superior court has this many days to file an answer to a complaint: A. 15 B. 30 C. 60 D A patient finds out three years after having surgery that her complications were caused by the surgeon's error. She would: A. be barred from filing suit because of the statute of limitations B. need to file suit within four years of finding out about the mistake C. need to file suit within four years of the surgery D. need to file suit within two years of finding out about the mistake 10. A document filed with the recorder's office that provides notice of a pending lawsuit that may affect title to a particular property is a: A. judgment lien B. lis pendens C. writ of attachment D. writ of execution 11. A plaintiff incurs $10,000 in medical expenses because of the defendant's negligence. At trial, the plaintiff is awarded $10,000. This would be considered: A. a civil penalty B. compensatory damages C. punitive damages D. specific performance 12. Once the complaint and answer have been filed, the parties will gather information during the phase of the lawsuit. A. appellate B. discovery C. preliminary D. voir dire 2009 Rockwell Publishing 2
23 13. A defendant's attorney interviews the plaintiff under oath prior to trial. This is a/an: A. deposition B. interrogatory C. request for production D. voir dire 14. A defendant moves that the judge rule, pre-trial, on one of the plaintiff's claims for which there is no factual dispute. This is known as a motion for: A. default judgment B. deficiency judgment C. judgment n.o.v. D. summary judgment 15. Who of the following would be limited to acting as a fact witness, rather than an expert witness, in a lawsuit concerning a real estate transaction? A. Appraiser B. Managing broker C. Neighbor D. Real estate lawyer 16. In California, which of the following is true? A. Both civil and criminal verdicts must be unanimous B. Both civil and criminal verdicts require three-fourths of the jurors to agree C. Civil case verdicts must be unanimous; criminal case verdicts require three-fourths of the jurors to agree D. Civil case verdicts require three-fourths of the jurors to agree; criminal case verdicts must be unanimous 17. A judgment creditor may do which of the following? A. File a judgment lien against the debtor's real property B. Garnish the debtor's bank account C. Garnish the debtor's wages D. All of the above 18. At an appellate hearing: A. a jury is seated B. evidence is heard C. lawyers argue questions of law D. witnesses are called 2009 Rockwell Publishing 3
24 19. A plaintiff loses a case in U.S. District Court in San Diego. The plaintiff would appeal directly to the: A. California Court of Appeal for the Fourth District B. California Supreme Court C. U.S. Ninth Circuit Court of Appeals D. U.S. Supreme Court 20. If an appellate court finds prejudicial error, it may do all of the following, except: A. hear additional evidence prior to issuing a different verdict B. issue a new verdict C. order a new trial D. remand the case to the trial court for additional proceedings 2009 Rockwell Publishing 4
The Legal Process: The Adversary System and Dispute Resolution
The Legal Process: The Adversary System and Dispute Resolution The adversary system of trial, sometimes called the sporting approach to the truth, recalls our commitment to democracy as the least corruptible
More informationChapter 02 THE COURT SYSTEM AND DISPUTE RESOLUTION
Chapter 02 THE COURT SYSTEM AND DISPUTE RESOLUTION TRUEFALSE 1. The authority of a court to decide certain types of cases is called jurisdiction. 2. All courts have general jurisdiction. 3. A court that
More informationLEGAL GLOSSARY Additur Adjudication Admissible evidence Advisement Affiant - Affidavit - Affirmative defense - Answers to Interrogatories - Appeal -
Additur - An increase by a judge in the amount of damages awarded by a jury. Adjudication - Giving or pronouncing a judgment or decree; also, the judgment given. Admissible evidence - Evidence that can
More informationChapter 3 The Court System and Chapter 4 The Litigation Process
Chapter 3 The Court System and Chapter 4 The Litigation Process Ultimately, we are all affected by what the courts say and do. This is particularly true in the business world. Nearly every business person
More informationCivil Procedure. The Origin of a Lawsuit. The Resolution of Private Disputes Chapter 2 Part 2 Civil Procedure
The Resolution of Private Disputes Chapter 2 Part 2 Civil Procedure Civil procedure is the set of legal rules governing the conduct of a trial court case between two private parties. Civil Procedure Adversarial
More informationDefinitions of Terms Used in Small Claims Court
Definitions of Terms Used in Small Claims Court A Affidavit A signed, sworn statement, witnessed by a notary public. Appeal A rehearing of the court s decision by a higher court. Attachment The taking
More informationChapter 3 Dispute Resolution
Chapter 3 Dispute Resolution 1 Litigation The process of filing claims in court, preparing for trial, and the things you do during trial. In other words, using the courts to resolve your legal dispute.
More informationI Have A Case in Court, Now What? San Mateo County Superior Court
I Have A Case in Court, Now What? San Mateo County Superior Court DISCLOSURE Please note that all of the information contained in this workshop/slideshow is purely general information and should NOT be
More informationSo, You re Thinking of Filing A Lawsuit? San Mateo County Superior Court
So, You re Thinking of Filing A Lawsuit? San Mateo County Superior Court DISCLOSURE Please note that all of the information contained in this workshop/slideshow is purely general information and should
More information1. Minor criminal cases and civil disputes are decided in the appellate courts.
Chapter 02 The Resolution of Private Disputes True / False Questions 1. Minor criminal cases and civil disputes are decided in the appellate courts. True False 2. The plaintiff can sue the defendant in
More informationCommon law reasoning and institutions Civil and Criminal Procedure (England and Wales) Litigation U.S.
Litigation U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3 20122 Milano Comparing England and Wales and the U.S. Just Legal Services - Scuola di Formazione Legale Via Laghetto, 3
More informationThe American Court System BASIC JUDICIAL REQUIREMENTS. Jurisdiction
The American Court System BASIC JUDICIAL REQUIREMENTS Before a lawsuit can be brought before a court, certain requirements must first be met. These include: Jurisdicti on Venue Standing to Sue Jurisdiction
More informationSEMINOLE TRIBE OF FLORIDA
SEMINOLE TRIBE OF FLORIDA Tribal Court Small Claims Rules of Procedure Table of Contents RULE 7.010. TITLE AND SCOPE... 3 RULE 7.020. APPLICABILITY OF RULES OF CIVIL PROCEDURE... 3 RULE 7.040. CLERICAL
More informationCIRCUIT AND CHANCERY COURTS:
. CIRCUIT AND CHANCERY COURTS: Advice for Persons Who Want to Represent Themselves Read this booklet before completing any forms! Table of Contents INTRODUCTION... 1 THE PURPOSE OF THIS BOOKLET... 1 SHOULD
More informationThe Civil Action Part 1 of a 4 part series
The Civil Action Part 1 of a 4 part series The American civil judicial system is slow, and imperfect, but many times a victim s only recourse in attempting to me made whole after suffering an injury. This
More informationCourt Records Glossary
Court Records Glossary Documents Affidavit Answer Appeal Brief Case File Complaint Deposition Docket Indictment Interrogatories Injunction Judgment Opinion Pleadings Praecipe A written or printed statement
More informationLearning Objectives. Litigation. The Legal & Regulatory Environment of Business 16e
McGraw-Hill/Irwin Copyright 2013 by The McGraw-Hill Companies, Inc. All Right Reserved The Legal & Regulatory Environment of Business 16e Chapter 4 Litigation Reed Pagnattaro Cahoy Shedd Moorhead 4-2 Learning
More informationTypes of Briefs to a Trial Court
Types of Briefs to a Trial Court Briefs in support of a motion that will settle the case. E.g., Motions to dismiss Cases that are settled based on the law and not the facts Briefs in connection with discovery
More informationWASHINGTON COUNTY CIRCUIT COURT CIVIL PROCEDURES (Revised June, 2012)
WASHINGTON COUNTY CIRCUIT COURT CIVIL PROCEDURES (Revised June, 2012) 1 I. PRETRIAL PROCEDURE A. FILING PAPERS All documents submitted for filing should be hole-punched at the head of the document with
More informationNFA Arbitration: Resolving Customer Disputes
NFA Arbitration: Resolving Customer Disputes Contents Why arbitration? 2 What does it cost to arbitrate? 4 What is NFA Arbitration? 6 Glossary of terms 17 National Futures Association (NFA) is a self-regulatory
More informationSmall Claims Handbook A citizen s guide to handling small claims complaints in Kentucky
Small Claims Handbook A citizen s guide to handling small claims complaints in Kentucky Provided by the Kentucky Administrative Office of the Courts and the Kentucky Office of Attorney General Small Claims
More informationCONTENTS. How to use the Lake Charles City Court...2. What is the Lake Charles City Court?...2. Who may sue in Lake Charles City Court?...
CONTENTS Page How to use the Lake Charles City Court...2 What is the Lake Charles City Court?...2 Who may sue in Lake Charles City Court?...3 Who may be sued in Lake Charles City Court?...3 What kind of
More informationPROVIDING PROCEDURAL CONTEXT: A BRIEF OUTLINE OF THE CIVIL TRIAL PROCESS
151 PROVIDING PROCEDURAL CONTEXT: A BRIEF OUTLINE OF THE CIVIL TRIAL PROCESS BY JUDITH GIERS Judith Giers is a Legal Writing Instructor at the University of Oregon School of Law in Eugene. Make the next
More informationCOPYRIGHT 2009 THE LAW PROFESSOR
CIVIL PROCEDURE SHOPPING LIST OF ISSUES FOR CIVIL PROCEDURE Professor Gould s Shopping List for Civil Procedure. 1. Pleadings. 2. Personal Jurisdiction. 3. Subject Matter Jurisdiction. 4. Amended Pleadings.
More informationacquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt.
GlosaryofLegalTerms acquittal: Judgment that a criminal defendant has not been proved guilty beyond a reasonable doubt. affidavit: A written statement of facts confirmed by the oath of the party making
More informationALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION PACKAGE
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE ALTERNATIVE DISPUTE RESOLUTION (ADR) INFORMATION PACKAGE NOTICE TO PLAINTIFF(S) AND/OR CROSS-COMPLAINANT(S): Rule 3.221(c) of the California Rules of Court
More informationIN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION., ) Plaintiff, ) ) CONSENT STIPULATIONS FOR v. ) ARBITRATION PROCEDURES ), ) Defendant.
NORTH CAROLINA COUNTY IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION -CVD-, ) Plaintiff, ) ) CONSENT STIPULATIONS FOR v. ) ARBITRATION PROCEDURES ), ) Defendant. ) THIS CAUSE came on to be heard
More informationSMALL CLAIMS MANUAL. Hon. Elizabeth A. Robb Chief Judge. Hon. LeeAnn S. Hill Presiding Judge. Don R. Everhart, Jr. Circuit Clerk of McLean County
SMALL CLAIMS MANUAL Hon. Elizabeth A. Robb Chief Judge Hon. LeeAnn S. Hill Presiding Judge Don R. Everhart, Jr. Circuit Clerk of McLean County McLean County Legal Self-Help Center 104 W. Front Street,
More informationCivil Litigation Forms Library
Civil Litigation Forms Library Notice of Circumstances Giving Rise to Claim and Claim Against Governmental Subdivision, Its Officers, Employees, or Agents Notice of Claim Against State Officer, Employee,
More informationA SUMMARY OF THE SHORT, SUMMARY, AND EXPEDITED CIVIL ACTION PROGRAMS AROUND THE COUNTRY
A SUMMARY OF THE SHORT, SUMMARY, AND EXPEDITED CIVIL ACTION PROGRAMS AROUND THE COUNTRY N.D. Cal. Expedited General Order No. 64 2011 Voluntary Absent agreement, limited to 10 interrogatories, 10 requests
More informationUNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Office of the Clerk. After Opening a Case Pro Se Appellants (revised December 2012)
Case: 13-55859 05/16/2013 ID: 8632114 DktEntry: 1-2 Page: 1 of 16 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Office of the Clerk After Opening a Case Pro Se Appellants (revised December 2012)
More informationFORT SILL LEGAL ASSISTANCE. Small Claims Court. Speedy Justice Between Parties
Step One: Determine if Eligible for Small Claims Court The following actions are permitted: recovery of money for (1) breach of contract, (2) injuries, or (3) recovery of personal property. However, as
More informationColeman & Horowitt, LLP CLIENT MEMORANDUM. Discussing Issues of Interest to our Clients COMMONLY ASKED QUESTIONS REGARDING COLLECTIONS
Coleman & Horowitt, LLP CLIENT MEMORANDUM Discussing Issues of Interest to our Clients 499 West Shaw Avenue, Suite 116, Fresno, California 93704 Phone: (559) 248-4820 Fax: (559) 248-4830 1880 Century Park
More informationMANITOWOC COUNTY CLERK OF CIRCUIT COURT SMALL CLAIMS PROCEDURAL INFORMATION
MANITOWOC COUNTY CLERK OF CIRCUIT COURT SMALL CLAIMS PROCEDURAL INFORMATION There is a $10,000 statutory limit for small claims. If a party is seeking more than that amount, the action should be commenced
More informationIntroductory Guide to Civil Litigation in Ontario
Introductory Guide to Civil Litigation in Ontario Table of Contents INTRODUCTION This guide contains an overview of the Canadian legal system and court structure as well as key procedural and substantive
More informationSUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER THREE CIVIL DIVISION RULES...39
CHAPTER THREE CIVIL DIVISION RULES...39 3.1 APPLICABILITY...39 GENERAL PROVISIONS...39 3.2 ASSIGNMENT OF CASES...39 3.3 ASSIGNMENT OF DIRECT CALENDAR CASES...39 (a) Proportionate Assignment...39 (b) Regulation
More informationSpecial Civil A Guide to the Court
New Jersey Judiciary Special Civil A Guide to the Court Superior Court of New Jersey Law Division Special Civil Part Special Civil is a court of limited jurisdiction in which you may sue a person or business
More informationDirections: Read each of the questions or statements below, then choose the correct answer from those provided.
Pre Test: How Courts Work Name: Directions: Read each of the questions or statements below, then choose the correct answer from those provided. 1. What type of case does the government bring against one
More informationLIMITED JURISDICTION
Superior Court of California, County of Contra Costa LIMITED JURISDICTION Civil Actions PACKET What you will find in this packet: Notice To Plaintiffs (CV-659a-INFO) Notice To Defendants (CV-659b-INFO)
More informationRobert I, Duke of Normandy. 22 June July 1035
Robert I, Duke of Normandy 22 June 1000 1 3 July 1035 Speak French here! TORQUE WRENCHES TORTURE And yay how he strucketh me upon the bodkin with great force Ye Olde Medieval Courte Speaketh French,
More informationHIGHLANDS COUNTY COURTHOUSE CIVIL DIVISION
SMALL CLAIMS PHONE: (863) 402-6594 HIGHLANDS COUNTY COURTHOUSE CIVIL DIVISION Per Florida Statute 28.215 Assistance shall not include the provision of legal advice by any clerk of the courts to prose litigants.
More informationUnit 3 Dispute Resolution ARE 306. I. Litigation in an Adversary System
Unit 3 Dispute Resolution ARE 306 I. Litigation in an Adversary System In an adversarial system, two parties present conflicting positions to a judge and, often, a jury. The plaintiff (called the petitioner
More informationPART IV Pretrial, Trial, and Posttrial
PART IV Pretrial, Trial, and Posttrial CHAPTER 14 Settlements, Dismissals, and Alternative Dispute Resolution KEY POINTS A stipulation discontinuing action is executed by the attorneys for the parties
More informationSteps in the Texas Civil Litigation Process
Page 1 of 5 Steps in the Texas Civil Litigation Process Research. Research what kind of legal case you have, and which court you should file it in. (See Texas Government Code 24.007 and Texas Government
More information1. CIVIL RULES GENERAL PROVISIONS ADMINISTRATION OF CIVIL LITIGATION MARIN COUNTY SUPERIOR COURT - UNIFORM LOCAL RULES
1. CIVIL RULES GENERAL PROVISIONS 1.1 CITATION These civil rules should be cited as "Marin County Rule, Civil" or "MCR Civ" followed by the rule number (e.g., Marin County Rule, Civil 1.1 or MCR Civ 1.1).
More informationSelf-Help Legal Information Packet: When a Small Claims Case Has Been Filed Against You
Self-Help Legal Information Packet: When a Small Claims Case Has Been Filed Against You Self-Help Legal Information Packets are provided for the benefit of justice courts and individuals seeking access
More informationSUMMARY JURY TRIALS IN NORTH CAROLINA
SUMMARY JURY TRIALS IN NORTH CAROLINA Lawrence Egerton, Jr. Egerton & Associates, P.A. Greensboro, NC (336) 273-0508 INTRODUCTION In 1983, Jim Exum, Former Chief Justice of the Supreme Court of North Carolina
More informationMock Trial Practice Law Test
Mock Trial Practice Law Test NOTE: The practice law test is provided as an example and will not be updated each year. Below are sample questions that are similar to those that students may see on the real
More informationTRAVERSE JUROR HANDBOOK
TRAVERSE JUROR HANDBOOK State of Maine Superior Court Constitution of the State of Maine, as Amended ARTICLE I - DECLARATION OF RIGHTS Rights of persons accused: Section 6. In all criminal prosecutions,
More informationGOING TO COURT ON SMALL CLAIMS
LITTLE THINGS MEAN A LOT GOING TO COURT ON SMALL CLAIMS A GUIDE TO BRINGING AND DEFENDING SUITS ON SMALL CLAIMS IN OHIO JUDGE LISA A. LOCKE GRAVES JUDGE GARY C. BENNETT MAGISTRATE RICHARD K. SCHWARTZ ERIC
More informationLitigation Process. in the Province. Ontario
Litigation Process in the Province of Ontario Demand Letter This document is only intended to provide a generic outline of the litigation process for educational purposes. The specific details of each
More informationFLORIDA SMALL CLAIMS RULES TABLE OF CONTENTS
FLORIDA SMALL CLAIMS RULES TABLE OF CONTENTS FLORIDA SMALL CLAIMS RULES TABLE OF CONTENTS... 1 CITATIONS TO OPINIONS ADOPTING OR AMENDING RULES... 3 RULE 7.010. TITLE AND SCOPE... 4 RULE 7.020. APPLICABILITY
More informationCHAPTER 2: DISPUTE SETTLEMENT
CHAPTER 2: DISPUTE SETTLEMENT LECTURE OUTLINE 1. The introductory Plastix hypothetical raises the two main themes of the chapter: (1) how to resolve disputes outside of a traditional lawsuit, and, (2)
More informationInsight from Carlton Fields
Insight from Carlton Fields Quick Trial Checklist 1. Motions To Be Made or Renewed Just Prior to Trial a. Motions to amend or supplement pleadings or pretrial statement or order b. Motions for continuance
More informationIN THE COMMON PLEAS COURT, PREBLE COUNTY, OHIO ENTRY
IN THE COMMON PLEAS COURT, PREBLE COUNTY, OHIO IN THE MATTER OF THE CIVIL AND CRIMINAL LOCAL RULES: ENTRY The following local rules are adopted to govern the practice and procedures of this Court, subject
More informationCBA Municipal Court Pro Bono Panel Program Municipal Procedure Guide 1 February 2011
CBA Municipal Court Pro Bono Panel Program Municipal Procedure Guide 1 February 2011 I. Initial steps A. CARPLS Screening. Every new case is screened by CARPLS at the Municipal Court Advice Desk. Located
More informationNebraska Civil Practice & Procedure Manual
Nebraska Civil Practice & Procedure Manual TABLE OF CONTENTS Case Analysis, Screening & Preparation...17 I. Introduction: Case Analysis, Screening and Initial Preparation...23 II. Questions of Ethics,
More informationLowndes County Magistrate Court
Lowndes County Magistrate Court Legal Terms Glossary Action: Affiant: Affidavit: Affirmation: Agent for Landlord: Answer: Appeals: Bail: A court proceding when one party prosecutes another for the protection
More informationLOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 3 CIVIL RULES
DIVISION 3 CIVIL RULES Rule Effective Chapter 1. Civil Cases over $25,000 300. Renumbered as Rule 359 07/01/09 301. Classification 07/01/09 302. Renumbered as Rule 361 07/01/09 303. All-Purpose Assignment
More informationThird District Court of Appeal State of Florida, January Term, A.D. 2009
Third District Court of Appeal State of Florida, January Term, A.D. 2009 Opinion filed March 4, 2009. Not final until disposition of timely filed motion for rehearing. No. 3D08-2377 Lower Tribunal No.
More informationFLORIDA SMALL CLAIMS RULES
FLORIDA SMALL CLAIMS RULES 2008 Edition Rules reflect all changes through 33 FLW S253. Subsequent amendments, if any, can be found at www.floridasupremecourt.org/decisions/rules.shtml. CONTINUING LEGAL
More informationIN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PASCO COUNTY CIVIL DIVISION. Case No. 51-
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR PASCO COUNTY CIVIL DIVISION Case No. 51-, vs. Plaintiff, Defendants. ORDER SETTING JURY TRIAL AND PRE-TRIAL CONFERENCE
More informationSangamon County Circuit Clerk s Office. Small Claims Court Manual
Sangamon County Circuit Clerk s Office Small Claims Court Manual Small Claims Court Manual The purpose of this guide is to explain, in simple language, workings of Small Claims Court in Sangamon County.
More informationDISPUTES RESOLVING CONSUMER DISPUTES. Washington State Attorney General s Office. Small Claims Court
Small Claims Court Small Claims Court allows a person to settle a legal dispute involving $4,000 or less without hiring an attorney. There are no juries, and lawyers are not allowed to represent either
More informationGlossary of Terms acquit action adjudication Administrator advance sheets adversary system affidavit affidavit of prejudice affirm allegation
Glossary of Terms A acquit To find a defendant not guilty in a criminal trial. action Proceeding taken in a court of law. Synonymous with case, suit, lawsuit. adjudication A judgment or decree. Administrator
More informationRULES GOVERNING ALTERNATIVE DISPUTE RESOLUTION
RULES GOVERNING ALTERNATIVE DISPUTE RESOLUTION A. GENERAL PROVISIONS Rule 1. Definitions. As used in these rules: (A) Arbitration means a process whereby a neutral third person, called an arbitrator, considers
More informationInsight from Carlton Fields Jorden Burt
Insight from Carlton Fields Jorden Burt 2014 Quick Trial Checklist 1. Motions To Be Made or Renewed Just Prior to Trial a. Motions to amend or supplement pleadings or pretrial statement or order b. Motions
More informationCASE NUMBER: DIV 71. It appearing that this case is at issue and can be set for trial, it is ORDERED as follows:
Plaintiff(s), vs. Defendant(s). / IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: DIV 71 UNIFORM ORDER REGARDING SETTING CASE FOR JURY TRIAL, PRE-TRIAL
More information2:16-cv EIL # 106 Page 1 of 20
2:16-cv-02222-EIL # 106 Page 1 of 20 E-FILED Friday, 18 May, 2018 03:51:00 PM Clerk, U.S. District Court, ILCD Members of the jury, you have seen and heard all the evidence and will hear the arguments
More informationII. Civil Judiciary: Names and Addresses of Judges, Secretaries, and the Manner in Which Judges Are Assigned to Civil Cases...
Table of Contents Bucks County Civil Practice... Bucks 1 Carol A. Shelly, Esquire I. Civil Court Administration, Organization and Court Calendar... Bucks 13 A. Court Personnel... Bucks 13 B. Court Calendar...
More informationCIVIL TRIAL LAW CERTIFICATION STANDING COMMITTEE POLICIES 100 ADMINISTRATION
CIVIL TRIAL LAW CERTIFICATION STANDING COMMITTEE POLICIES 100 ADMINISTRATION 200 CONTINUING LEGAL EDUCATION 300 DEFINITIONS 100 ADMINISTRATION 1.01 Meetings. The committee chair will designate meeting
More informationUNIFORM STANDING ORDER FOR ALL COMMERCIAL CALENDARS
UNIFORM STANDING ORDER FOR ALL COMMERCIAL CALENDARS (Effective June 1, 2014) Purpose The purpose of this uniform standing order is to establish consistent procedures in the Commercial Calendar Section.
More informationMedina County Court of Common Pleas. Rules of the General Division
Medina County Court of Common Pleas Rules of the General Division Effective January 1, 2009 1 Rule 1 Rule 2 Rule 3 Rule 4 Rule 5 Rule 6 Rule 7 Rule 8 Rule 9 Rule 10 Rule 11 Rule 12 Rule 13 Rule 14 Rule
More informationDispute resolution. Construction Law Survival Manual. Credit Management Fair Credit Reporting Act Equal Credit Opportunity Act
Dispute resolution Presented by James D. Fullerton 1 www.fullertonlaw.com JFullerton@FullertonLaw.com James D. Fullerton Fullerton & Knowles, P.C. 12642 Chapel Rd. Clifton, VA 20124 (703) 818-2600, Ext.
More informationSPECIAL CIVIL: A GUIDE TO THE COURT
SPECIAL CIVIL: A GUIDE TO THE COURT Superior Court of New Jersey Law Division Special Civil Part Special Civil: A Guide to the Court page 1 S pecial Civil is a court of limited jurisdiction in which you
More informationIN THE SUPREME COURT OF TENNESSEE AT NASHVILLE
IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE IN RE: AMENDMENTS TO TENNESSEE RULES OF APPELLATE PROCEDURE Filed: December 29, 2005 O R D E R The Court adopts the attached amendments effective July 1,
More informationSMALL CLAIMS MANUAL. The following information has been made available through the office of the McHenry County Clerk of the
SMALL CLAIMS MANUAL The following information has been made available through the office of the McHenry County Clerk of the Circuit Court. It has been compiled through the cooperation of the Judges of
More informationShow Your Clients the Money: Enforcing Judgments in Minnesota
Show Your Clients the Money: Enforcing Judgments in Minnesota Thursday, January 29, 2015 2.0 CLE credits applied for. MBCLE Event Code: 201019 PENDING AGENDA 2:00-400 PM Docketing the Judgment Transcribing
More informationE-FILED 12/26/2017 4:20 PM FRESNO COUNTY SUPERIOR COURT By: C. Cogburn, Deputy
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Sean A. Brady (SBN: 262007), Michel & Associates, P.C. 180 East Ocean Blvd., Suite 200 Long Beach, CA 90802 TELEPHONE NO.: (562)
More informationUNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL JURY TRIALS BEFORE DISTRICT JUDGE JON S.
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL JURY TRIALS BEFORE DISTRICT JUDGE JON S. TIGAR A. Meeting and Disclosure Prior to Pretrial Conference At least
More informationARBITRATION RULES. Commercial Brokers Association
ARBITRATION RULES 1. Conduct of Hearings. All hearings shall be conducted in accordance with these Rules, and any procedures and forms approved by the Board of Directors. 2. Small Claims. All disputes
More informationEDUCATIONAL OBJECTIVES
CHAPTER 1 7 MOTIONS EDUCATIONAL OBJECTIVES Paralegals should be able to draft routine motions. They should be able to collect, prepare, and organize supporting documents, such as affidavits. They may be
More informationComparing Mediation, Arbitration and Litigation
Comparing Mediation, Arbitration and Litigation Generally speaking, the term "mediation" covers any activity in which an impartial third party facilitates an agreement on any matter in the common interest
More informationUNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE AND REQUIRING PRETRIAL MATTERS TO BE COMPLETED
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO. CIVIL DIVISION 37 Plaintiff(s), vs. Defendant(s). / UNIFORM ORDER SETTING CASE FOR JURY TRIAL; PRE-TRIAL CONFERENCE
More informationCriminal Litigation: Step-By-Step
Criminal Law & Procedure For Paralegals Criminal Litigation: Step-By-Step Path of Criminal Cases in Queens Commencement Arraignment Pre-Trial Trial Getting The Defendant Before The Court! There are four
More informationLitigation Unveiled Click to edit Master title style
Litigation Unveiled Click to edit Master title style Author and Presenter: Richard E. Mitchell, Esq. Equity Shareholder Chair, Higher Education Practice Group GrayRobinson, P.A. Overview of Topics I. Lawyers
More informationAlpena County. Version 1.0 JURY DUTY HANDBOOK
2010 Alpena County Version 1.0 JURY DUTY HANDBOOK Jury trials have been an important part of the American legal system for over two centuries. They are an integral part of the laws which protect the fundamental
More informationSUMMARY OF CONTENTS SC-1.
SUMMARY OF CONTENTS VOLUME 1 SUMMARY OF CONTENTS VOLUME 1 Chapter 1. Preliminary Matters............................ 1-1 Chapter 2. Parties...................................... 2-1 Chapter 3. Service......................................
More informationPlainSite. Legal Document
PlainSite Legal Document California Northern District Court Case No. 5:14-cv-02396-JTM Think Computer Foundation et al v. Administrative Office of the United States Courts et al Document 57 View Document
More information716 West Ave Austin, TX USA
GLOBAL Headquarters the gregor building 716 West Ave Austin, TX 78701-2727 USA TABLE OF CONTENTS I. INTRODUCTION About This Course... 2 Video... 2 The Law-Fact Distinction... 3 The Trial Setting... 3 Trial
More informationLOUISIANA MECHANIC S LIEN LAW
LOUISIANA MECHANIC S LIEN LAW 2018-2019 Go to: Louisiana Mechanic s Lien Forms More Info: www.nationallienlaw.com Section Contents Pre-lien Notice(s) Name of Notice Who Must Use This Notice When How to
More informationCriminal Litigation: Step-By-Step
Criminal Law & Procedure For Paralegals Criminal Litigation: Step-By-Step 2 Getting Defendant Before The Court! There are four methods to getting the defendant before the court 1) Warrantless Arrest 2)
More informationLEGAL TERMS AND DEFINITIONS NEW JUDGE SCHOOL
LEGAL TERMS AND DEFINITIONS NEW JUDGE SCHOOL 2016-17 ABSTRACT OF JUDGMENT A post-judgment remedy that someone winning a civil lawsuit can obtain from the court. The effect of the abstract is to place a
More informationGUIDE TO SMALL CLAIMS PROCEDURES: GLOSSARY OF TERMS
GUIDE TO SMALL CLAIMS PROCEDURES: GLOSSARY OF TERMS Greenberg Glusker Reed Smith Bet Tzedek Legal Services Los Angeles County Bar Association Loyola Center for Conflict Resolution Southwestern Law School
More informationIN THE SUPREME COURT OF THE STATE OF FLORIDA IN RE AMENDMENTS TO ) CASE NO.: FLORIDA RULES OF ) CIVIL PROCEDURE )
IN THE SUPREME COURT OF THE STATE OF FLORIDA IN RE AMENDMENTS TO ) CASE NO.: FLORIDA RULES OF ) CIVIL PROCEDURE ) TWO-YEAR CYCLE REPORT OF THE FLORIDA CIVIL PROCEDURE RULES COMMITTEE Robert N. Clarke,
More informationCivil Procedure: Final Examination (May 1973)
College of William & Mary Law School William & Mary Law School Scholarship Repository Faculty Exams: 1944-1973 Faculty and Deans 1973 Civil Procedure: Final Examination (May 1973) William & Mary Law School
More informationPennsylvania Rules of Civil Procedure The Pennsylvania Rules of Civil Procedure governing arbitration are Pa.R.C.P et seq.
10 Arbitration Anna E. Majocha 1 10-1 INTRODUCTION The compulsory arbitration system in the Court of Common Pleas of Allegheny County is the oldest of its kind in the country, and its success has resulted
More informationUNIFORM ORDER SETTING CASE FOR JURY TRIAL AND PRE-TRIAL CONFERENCE AND REQUIRING PRE-TRIAL MATTERS TO BE COMPLETED
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA., CASE NO. -CA- CIVIL DIVISION 20 Plaintiff, vs., Defendant. / UNIFORM ORDER SETTING CASE FOR JURY TRIAL AND PRE-TRIAL
More informationSUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE. JUDGE MELISSA R. McCORMICK DEPARTMENT C13. CLERK: Alma Bovard COURT ATTENDANT: As Assigned
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE JUDGE MELISSA R. McCORMICK DEPARTMENT C13 CLERK: Alma Bovard COURT ATTENDANT: As Assigned CENTRAL JUSTICE CENTER 700 CIVIC CENTER DRIVE SANTA ANA, CA 92701
More informationTEXAS DISCOVERY. Brock C. Akers CHAPTER 1 LAW REVISIONS TO TEXAS RULES OF CIVIL PROCEDURE GOVERNING DISCOVERY
TEXAS DISCOVERY Brock C. Akers CHAPTER 1 LAW 2. 1999 REVISIONS TO TEXAS RULES OF CIVIL PROCEDURE GOVERNING DISCOVERY 3. DISCOVERY CONTROL PLANS 4. FORMS OF DISCOVERY A. Discovery Provided for by the Texas
More information