Fall 2013
Process of resolving private disputes through the court system Separate procedures exist for federal court and for state courts 2
Auto accidents Wrongful employment termination Contract breach Housing discrimination Mismanagement of securities fund Patent infringement/copyright violation 3
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
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
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
Binding vs.. Nonbinding Negotiation Mediation Arbitration 7
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
Primary Sources ◦ Case law ◦ Statutory law ◦ Constitution ◦ Rules of court Secondary Sources ◦ Encyclopedias ◦ Treatises ◦ Restatement ◦ Form Books 9
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
California Courts California Rules of court ◦ Federal Rules of Civil Procedure ◦ Courts 11
Fact Investigation ◦ interviewing ◦ locating and obtaining documents Legal Research ◦ substantive law ◦ procedural requirements Draft documents Organize files Coordinate trial Calendaring 12