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Introduction to Civil
Procedure
Joel Leppard, Legal
Studies II
1
Introduction
American and English court systems follow the
adversarial system of justice.
Each client is represented by an attorney although a
client is allowed to represent herself (called pro-se).
The American Court system follows procedural rules that
ensure due process.
1: Procedural Rules
Court systems developed around the common law
concept of due process which requires adequate notice
and a fair and impartial hearing.
For example, all federal trials are governed by the Federal
Rules of Civil Procedure and Federal Rules of Evidence.
2: Consulting an
Attorney
Generally, the first step in litigation is contacting any
attorney to seek qualified legal advice.
Legal Fees (hourly vs. contingent fee).
Settlement Considerations.
3: Pre-Trial Procedures
(Stages of Litigation)
Pleadings.
Discovery.
Pre-Trial.
Trial.
Post-Trial.
Litigation- Pleadings
1st
2nd
3rd
4th
5th
Complain
t
Pleadings-Service
Defendant served with Complaint and Summons.
Court acquires Personal Jurisdiction over Defendant
(person or corporation).
Corporate Defendants served via Registered Agent. If the
Defendant is out-of-state, Court can acquire jurisdiction
by long-arm statutes.
Case 3.1: Rio Properties v. Rio International Interlink
(2002)
Summon
s
10
Pleadings-Answer
The Answer is the Defendants response to the allegations
stated in the Plaintiffs Complaint.
In the Answer, the Defendant must specifically admit or
deny each allegation in the Complaint.
11
Pleadings-Answer
Defendants Answer:
States General Denial.
Move for Change of Venue.
Allege Affirmative Defenses.
Counter Claim against Plaintiff.
12
Answer-Affirmative
Defense
Defenses in which the defendant essentially claims that
even if all of the plaintiffs allegations are true, the
plaintiff cannot win because there is a more powerful law
on the defendants side that will allow the defendant to
win.
13
Answer- Affirmative
Defense
Fraud is an example of an affirmative defense that might
be asserted in a breach of contract case.
Burden of proof is on the Defendant to show fraud
actually took place.
14
CounterClaim
D1
VS.
D2
CrossClaim
15
Answer-Motion to
Dismiss
Defendant can move the Court to dismiss the Action for
various reasons, such as:
The Court lacks jurisdiction.
The Plaintiff has failed to make all of the allegations, in his
Complaint, that the law requires (i.e., the plaintiff has failed to
state a cause of action).
16
Pleadings-Answer
Move to Dismiss.
Motion for Judgment on Pleadings.
Motion for Summary Judgment.
17
Litigation- Discovery
1st
2nd
3rd
4th
5th
18
19
Litigation- Pre-Trial
1st
2nd
3rd
4th
5th
20
21
Litigation- Trial
1st
2nd
3rd
4th
5th
22
4: The Trial
Trial is fundamentally an evidence presentation and
authentication procedure.
To prevail in a civil trial, Plaintiff must introduce a
preponderance of competent evidence with respect to
each disputed allegation in order to prove it.
23
The Trial
[2]
24
The Trial
[3]
25
The Trial
[4]
Opening Statements.
Plaintiffs Case--Evidence:
Witnesses- Direct examination vs. Cross X.
Admissibility of evidence decided by judge. Parties object to
admission of evidence and judge decides, as a matter of law,
whether evidence may be admitted into the trial.
26
The Trial
[5]
Defendants Case.
Closing Arguments.
Jury Instructions and Deliberations.
27
The Trial
Verdict.
[6]
2nd
3rd
4th
5th
29
30
6: The Appeal
A party may appeal the jurys verdict or any
legal issue, motion or court ruling during the
trial.
The party filing the appeal (Appellant) files a
brief that contains a short statement of the
facts, issues, rulings by the trial court, grounds
to reverse the judgment, applicable law and
arguments on Appellants behalf.
Appeals court can affirm (agree with) or reverse
(disagree with) the lower courts decision.
31
7: Enforcing the
Judgment
Once a judgment becomes final (i.e., subject to no further
judicial review) the defendant is legally required to
comply with its terms.
Defendants who will not voluntarily comply with a
judgment can be compelled to do so by seizure and sale
of the Defendants assets.
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