LSTD Chapter 2

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Chapter 2

Procedures

Procedural Rules

Phases

Posttrial

Trial

Pretrial

Pleadings

Before trial

Discovery

Collect information

Motions

Summary Judgement

Favor without going to trial

Judgement of the pleadings

Question of law

Dismiss

Another complaint

Negotiations

Answer

Response

Defendant version

Denies

Counterclaim

The plaintiff owes you

Further procedure

Acepts

Affirmative defense

New facts

Judgment for plaintiff

Waiver

Give up the right to be served personally

Aware

If not

Default Judgment

Defendant pays the remedy stated on the complaint

Service of Process

By Sheriff or employe

Anybody older than 18

Cannot be in any party

Summons

Note requiring the defendant to appear in court

Copy of complain sent to the defendant

Complaint

Remedy

Basis for relief

Facts of Court´s jurisdiction

Before Pretrial

Settlement Considerations

How much do u want to spend

No litigation?

Even Appeals?

Attorney

Estimation of costs

Attorney´s wage

Contingency-fee

Earns a percentage

Experts opinions

Legal Fees

Estimation of time

Which court would be better

Prob of success

What u can expect

Comply

Court systems

Federal Court System

appointed by the president

lifetime

United States Supreme Court

Original and appelate jurisd

Appelate

Writ of Cerciorari

Petition of the record

No explanation

Rule of 4

Final arbiter

1 Supreme Court

9 justices

US Courts of Appeals

Appeals In Judicial circuit

13 Courts of Appeals

Almost Final

US District Courts

Ltd Jurisd.

General Jurisd.

State Court System

Judges appointed by election

Highest State Courts

Also Called supreme

Final decisition

Unless Fed law can be applied

US supreme court

State courts of Appeals

Questions of Law

Interpretation of the law

Trial Courts

State trial Courts of General Jurisdiction

Local Trial Courts of Limited Jurisdiction

Small Claims

Ex: - 5000 $

Requirementes

Standing to sue

Justiciable controversy

No hypothetical harm

You need to be harmed

Venue

Who should hear the trial

Change of venue

Biased

Criminal

Crime

Civil

Defendant

Jurisdiction

Over the subject matter

International

Satisfy legislation wherever you are

Cyber space

Passive advertising

Not proper

Some interaction

Maybe

Substantial business

Proper

Federal courts Subject matter

Exclusive v concurrent

Concurrent

Both

The party chooses

Exclusive

State or Fed

Diversity of Citizenship

Fed law and state law

Controversy + 75,000$

Parts involve from different states

Question of constitution or federal law

Fed law

Type of cases that they can hear

Original and appelate

Heard for the first time?

Limited

Bankruptcy courts

Federal

Probate courts

After person´s death

Person´s assets

Custody

General

Federal court

Over the property

In rem

Over the person

In personam

Long arm statute

Corporations

Minimum contacts

Judges

Judicial review

Constitutionality of an action

Interpret and apply the law