“Facts are ventriloquists’ dummies. Sitting on a wise man’s knee they
may be made to utter words of wisdom; elsewhere, they say nothing,
or talk nonsense or indulge in sheer diabolism.”
Aldus Huxley, British Author
Litigator: Lawyer who handles court cases Litigation: Process of filing claims in court,
and ultimately going to trial Alternative dispute resolution: Formal
or informal process used to settle disputes without resorting to a trial
United States has over 50 systems of courts Nationwide system of federal courts serves
the entire country Each individual state has its court system
Determine the facts of a particular dispute ◦ Apply to those facts the law given by earlier
appellate court decisions Jurisdiction: Court’s power to hear a case
Court has the authority to hear a particular type of case
Trial courts of limited jurisdiction◦ Hear only certain types of cases◦ Small claims court - Jurisdiction over civil lawsuits◦ Juvenile court - Hears only cases involving minors◦ Probate court - Settling the estates of deceased
persons
Trial courts of general jurisdiction◦ Hear a very broad range of cases◦ Most important court - General civil division
Personal jurisdiction: Legal authority to require the defendant to:◦ Stand trial◦ Pay judgments
Personal jurisdiction exists if:◦ Defendant is a resident of the state in which a
lawsuit is filed◦ Defendant takes a formal step to defend a lawsuit◦ Summons is served on a defendant
Summons: Court’s written notice that a lawsuit has been filed against the defendant
◦ A long-arm statute applies Long-arm statute: Gives a court jurisdiction over
someone who commits a tort, signs a contract, or conducts “regular business activities” in the state
Accept the facts given to them by trial courts◦ Review the trial record to see if the court made
errors of law Will accept a factual finding unless there
was no evidence at all to support it Error of law: Appeals court may require a
new trial
Court of appeals◦ Appellant: Party filing the appeal◦ Appellee: Party opposing the appeal◦ Briefs: Written arguments on the case◦ Reversed: Nullified◦ Affirmed: Permitted to stand
State Supreme Court◦ Highest court in the state◦ Accepts some appeals from the court of appeals◦ Seven judges – Justices sit on the Supreme Court
Federal question case: Claim based on the United States Constitution, a federal statute, or a federal treaty◦ Federal courts have jurisdiction
Diversity case Diversity jurisdiction: When:
◦ Plaintiff and defendant are citizens of different states
◦ The amount in dispute exceeds $75,000
United States district court◦ Primary trial court in the federal system◦ Nation is divided into about 94 districts
Each has a district court Other trial courts
◦ Bankruptcy court
◦ Tax court◦ United States court of International trade
United States courts of appeals◦ Intermediate courts of appeals◦ Divided into “circuits”
United States Supreme Court◦ Highest court in the country◦ Nine justices on the court
One justice - Chief justice Eight - Associate justices
◦ Power to hear appeals in any federal case◦ Writ of certiorari: Petition asking the court to
hear the case
Complaint: Short, plain statement of the facts alleged and the legal claims made
Service◦ Summons - Paper ordering the defendant to
answer the complaint within 20 days Answer - Brief reply to each of the
allegations in the complaint◦ Default judgment: Decision that the plaintiff
wins without trial because the defendant failed to answer in time
Counter-claim: Second lawsuit by the defendant against the plaintiff◦ Reply - Answer to a counter-claim
Class actions: One plaintiff represents the entire group of plaintiffs ◦ Those who are unaware of the lawsuit or even
unaware they are harmed
Judgment on the pleadings◦ Motion: Formal request to the court that the
court take some step or issue some order◦ Motion to dismiss: Request that the court
terminate a case without permitting it to go further
Discovery: Critical, pre-trial opportunity for both parties to:◦ Learn the strengths and weaknesses of the
opponent’s case
Discovery◦ Interrogatories - Written questions that the
opposing party must answer, in writing, under oath
◦ Depositions - Provide a chance for one party’s lawyer to question the other party Deponent: Person being questioned
◦ Production of documents and things
Discovery◦ Physical and mental examination
Motion for a protective order: Request that the court limit discovery
Motion to compel answers to interrogatories Memorandum: Supporting argument In camera inspection: Judge views the requested
documents alone, with no lawyers present Decides whether the other side is entitled to view them
E-Discovery◦ Businesses large and small have vast amounts of
data stored electronically Other discovery
Attorneys make lists of all witnesses they will call
Prepare each witness very carefully Rehearse the questions Takes hours and hours, for many days
Adversary system◦ Putting a witness on the stand and letting both
lawyers question Truth will emerge
Right to jury trial◦ Plaintiff and defendant have a right to demand a
jury trial when: Lawsuit is one for money damages
Voir dire: Process of selecting a jury◦ Challenges for cause: Claiming that a juror has
demonstrated probable bias◦ Peremptory challenges: Right to excuse a juror
for virtually any reason Opening statements - Summarizing the
proof he or she expects to offer, with the plaintiff going first
Burden of proof◦ Preponderance of the evidence: Plaintiff’s
burden in a civil lawsuit◦ Beyond a reasonable doubt: Government’s
burden in a criminal prosecution
Plaintiff’s case◦ Direct examination: When a lawyer asks
questions of her own witness◦ Cross-examine: Ask questions of an opposing
witness Rules of evidence
◦ Law of evidence: What questions a lawyer may ask How the questions are to be phrased What answers a witness may give What documents may be introduced
Motion for directed verdict◦ Directed verdict: Ruling that the plaintiff has
entirely failed to prove some aspect of her case◦ Permissible only if the evidence favors the
defendant that: Reasonable minds could not disagree on it
Defendant’s case
Closing arguments◦ Lawyers sum up their case to the jury:
Explaining how they hope the jury will interpret what they have heard
Jury instructions◦ The judge instructs the jury to evaluate the case
solely on the facts of the evidence presented
Verdict◦ Jury deliberates informally, with all jurors entitled
to voice their opinion Motions after the verdict
◦ Judgment non obstante veredicto (JNOV): Judgment notwithstanding the jury’s verdict
Precedent: Earlier decisions by the state appellate courts on similar issues
Appeals court options◦ Affirm: Allow the decision to stand◦ Modify: Affirm the outcome but with changes◦ Reverse and remand: Nullify the lower decision
and return the case for reconsideration◦ Reverse: Turning the loser into the winner, with
no new trial◦ Harmless error: Mistake by the trial judge that
was too minor to affect the outcome
Negotiation◦ Majority of disputes are resolved this way
Mediation◦ Mediator - Attempts to guide the two disputing
parties toward a voluntary settlement◦ Advantages - Two antagonists can speak freely
All discussions are confidential Offers the strongest “win–win” potential