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2 There is only one good kind of legal dispute -- The one that is prevented!

3 Litigation vs. Alternative Dispute Resolution

4 KNOW THE DIFFERENCE Litigation refers to lawsuits; the process of filing claims in court, and ultimately going to trial. Litigation refers to lawsuits; the process of filing claims in court, and ultimately going to trial. Alternative Dispute Resolution is any other formal or informal process for settling disputes without going to trial. Alternative Dispute Resolution is any other formal or informal process for settling disputes without going to trial.

5 The Federal Court System Primary Trial Court Trial Courts of Limited (Specific) Jurisdiction United States Supreme Court ( Highest Appeals Court) Lower Appeals Courts U.S. District Courts U.S. Bankruptcy Courts U.S. Tax Courts Various Federal Agencies U.S. Court of International Trade U.S. Claims Court U.S. Patent & Trademark Office Trial Courts of Limited (Specific) Jurisdiction Three judges hear each case, brought up from the District Courts. Nine Justices; appointed for life; may refuse to hear a case; final authority NOTICE THE DIFFERENCE – 12 COURTS VS 1 U.S. Courts of Appeals (12 Circuits) U.S. Court of Appeals for the Federal Circuit Hears appeals from specialized trial courts.

6 Circuits in the Federal Court System Puerto Rico is part of Circuit 1 Virgin Islands are part of Circuit 3  Northern Marianna Islands are part of Circuit 9 (along with Alaska and Hawaii.) D.C. Circuit Washington, D.C. Federal Circuit Washington, D.C.  

7 Federal Courts -- Four kinds of civil lawsuits permitted Federal Question Cases Federal Question Cases Disputes between states Disputes between states Disputes between citizens of different states Disputes between citizens of different states Questions over conflict between state constitutions and federal laws Questions over conflict between state constitutions and federal laws

8 State Court System Trial Courts of General Jurisdiction Trial Courts of Limited (or Specific) Jurisdiction State Supreme Court (Highest Appeals Court) Lower Appeals Courts General Civil Division General Criminal Division Small Claims Division Municipal Division Juvenile Division Probate Division Land Division Domestic Relations Division One judge; may have jury Three judges; never a jury Usually 7 Justices; may refuse to hear a case; final authority Click on any box below for a definition of the jurisdiction of that trial court.

9 Steps in Beginning Litigation Pleadings: Papers that begin a lawsuit 1. COMPLAINT 2. ANSWER 3. MAYBE A COUNTER OR CROSS CLAIM 4. REPLY IF NECESSARY.

10 DiscoveryDiscovery Interrogatories Interrogatories Depositions Depositions Production of Evidence Production of Evidence Physical or Mental Exam Physical or Mental Exam Requests for Admission Requests for Admission

11 OTHER DEFINITIONS Class action Class action Judgment on the pleadings Judgment on the pleadings Summary Judgment Summary Judgment

12 Beginning a Jury Trial Jury Selection: Jury Selection: Process called voir dire 1. Questioning 2. Challenges for Cause 3. Peremptory Challenges 4. Jury Chosen

13 TWO BASIC TRIAL RULES Burden of Proof Burden of Proof Rules of Evidence Rules of Evidence

14 THE TRIAL First, Opening Arguments First, Opening Arguments Plaintiff Calls Witnesses Plaintiff Calls Witnesses Defendant Questions Plaintiff’s Witnesses Defendant Questions Plaintiff’s Witnesses Plaintiff may re-question as to questions asked by defendant. Plaintiff may re-question as to questions asked by defendant. Defendant Moves for Directed Verdict Defendant Moves for Directed Verdict

15 The Defendant’s Case Defendant Calls Witnesses Defendant Calls Witnesses Plaintiff Questions Defendant’s Witnesses Plaintiff Questions Defendant’s Witnesses THEN WE HAVE REBUTTAL TESTIMONY BY PLAINTIFF WHEN ALL TESTIMONY FINISHED, THE ATTORNEYS GIVE CLOSING ARGUMENTS

16 Jury Instructions Jury Instructions Deliberation and Verdict Deliberation and Verdict After Both Sides Rest (Finish)

17 Motions after the Verdict Motions after the Verdict Appeal Appeal Settlement Settlement The Trial is Over… or is it?

18 The process of litigation, with its potential for errors or biases, may influence the outcome of a dispute as strongly as the law itself. That is all the more reason to prevent disputes if possible, or to use alternative methods of dispute resolution

19 There is only one good kind of legal dispute -- The one that is prevented!

20 Litigation vs. Alternative Dispute Resolution Litigation refers to lawsuits; the process of filing claims in court, and ultimately going to trial. Litigation refers to lawsuits; the process of filing claims in court, and ultimately going to trial. Alternative Dispute Resolution is any other formal or informal process for settling disputes without going to trial. Alternative Dispute Resolution is any other formal or informal process for settling disputes without going to trial.

21 Alternative Dispute Resolution (most common forms) Negotiation Negotiation Mediation Mediation Arbitration Arbitration

22 Alternative Dispute Resolution (less common forms) Mini-trial Mini-trial Summary Jury Trial Summary Jury Trial