Legal Procedures
Law
  • rules  ===>  enforceable  ===>  meet standards of conduct
  • balances Rights and Duties
Reading and Analyzing a Case
  • The Issue
  • The Fact
  • The Judge's Decision
  • The Reasoning Supporting the Decision
Journey of a Case 
  • Claim  --  demand for a remedy for a perceived wrong
    • dropped
    • settled
    • alternative dispute resolution
    • go to court
  • File Complaint
    • allegations
    • statement of jurisdiction
    • basis for the claim
    • claim for relief
  • Summons
    • delivery called service of process
  • Complaint  +  Summons  =  PROCESS
  • Answer and/or Preliminary Motions
  • Reply or Motions Directed to Answer
  • Complaint  +  Answer  +  Reply  =  PLEADINGS
  • SUMMARY JUDGMENT
    • ask judge for judgment without the need for a trial
  • Pre-Trial
    • discovery
    • pre-trial Conference  --  judge asks parties if they can reach a settlement
  • Trial
    • jury selection  "voir dire"
    • opening statements
    • case-in-chief  (plaintiff then defendant)
    • plaintiff's rebuttal
    • summation  (defendant then plaintiff  or  plaintiff then defendant then plaintiff)
    • judge charges the jury
    • jury deliberates
    • the verdict
    • the judgment/sentencing
  • Appeal
    • no juries
    • the lawyers submit briefs
    • both sides present oral arguments and the judges may ask questions


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this page is maintained by Reed Fisher
last updated January 15, 2011