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Fall 2013.  Process of resolving private disputes through the court system  Separate procedures exist for federal court and for state courts 2.

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Presentation on theme: "Fall 2013.  Process of resolving private disputes through the court system  Separate procedures exist for federal court and for state courts 2."— Presentation transcript:

1 Fall 2013

2  Process of resolving private disputes through the court system  Separate procedures exist for federal court and for state courts 2

3  Auto accidents  Wrongful employment termination  Contract breach  Housing discrimination  Mismanagement of securities fund  Patent infringement/copyright violation 3

4 4 CIVIL CASES Private dispute Money damages/ specific relief Court trial/ jury trial Preponderance of evidence 3/4 jury (in state court CRIMINAL CASES Offenses against society Punishment Jury trial/Court trial Beyond a Reasonable Doubt Unanimous Jury

5  A drunk driver causes an auto accident  A cleric sexually abuses a child  A person downloads music from Internet without permission  A man murders his wife  A disgruntled employee takes trade secret information to new job 5

6  Determine if cause of action exists  Fulfill preliminary requirements  Plaintiff prepares and files complaint  Complaint is served on all defendants  Defendants file responsive pleadings or default  Discovery takes place  Court ordered ADR may occur  Motions may occur  Trial 6

7  Binding vs.. Nonbinding  Negotiation  Mediation  Arbitration 7

8  Civil Litigation includes rules of procedure, i.e.. How rights are enforced  Substantive law tells if a right does exist  All civil litigation cases require application of at least one area of substantive law. 8

9  Primary Sources ◦ Case law ◦ Statutory law ◦ Constitution ◦ Rules of court  Secondary Sources ◦ Encyclopedias ◦ Treatises ◦ Restatement ◦ Form Books 9

10  Case law  Statutory law ◦ CCP ◦ State Rules of Court ◦ Local Rules of Court  State Constitution  Secondary Sources ◦ Witkin, Calif. Proc. ◦ C.E.B. Books ◦ Matthew Bender Forms of Pleading and Practice ◦ West Form Books ◦ Rutter Group 10

11   California Courts  California Rules of court  ◦ Federal Rules of Civil Procedure ◦ Courts 11

12  Fact Investigation ◦ interviewing ◦ locating and obtaining documents  Legal Research ◦ substantive law ◦ procedural requirements  Draft documents  Organize files  Coordinate trial  Calendaring 12


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