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Summary Slide Trial Procedures Alternative Dispute Resolution

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Presentation on theme: "Summary Slide Trial Procedures Alternative Dispute Resolution"— Presentation transcript:

1 Summary Slide Trial Procedures Alternative Dispute Resolution
PLEADINGS Writing a Complaint Methods of Discovery Interrogatories deposition Pretrial hearing

2 Summary Slide (cont.) Jury Selection Jury duty
Eligibility for Jury Duty The Litigation Process Opening statements

3 Trial Procedures Chapter 2.2

4 Alternative Dispute Resolution

5 The Litigation Process
Commencing an Action 2 Avoid Litigation 1 3 Trial Prep 4 Trying the Case 5 Executing a Judgement


7 CIVIL VS CRIMINAL CIVIL Offense against an individual Compensation
$ reward CRIMINAL Offense against society Punishment Jail time

8 PLEADINGS Papers filed with the court by the plaintiff & defendant.
Complaint Filed by plaintiff Answer Response by the defendant


JOHN RUNDLETT, INC - Plaintiff Donald POSNER - Defendant * * * * *          CASE NO. 24-C * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COMPLAINT       Plaintiff, John Rundlett, by his undersigned counsel, sues Defendant Donald Posner and, in support, states as follows: COUNT I: NEGLIGENCE Plaintiff John Rundlett is a resident of Baltimore City, Maryland. Defendant Donald Posner is a resident of Anne Arundel County, Maryland. On or about March 10, 2001, Bosley was operating a Bobcat backhoe (“the Bobcat”) on his property at 644 Snail Drive in Glen Burnie, Maryland. The Bobcat was stuck and Bosley was unable to move it forward. Bosley called to Plaintiff to ask him for assistance. Plaintiff surveyed the land on which the Bobcat sat and was unable to determine why the Bobcat was stuck. Plaintiff began to walk back to his property. Moments later, the Defendant, operating the Bobcat in a negligent and careless manner, hit the Plaintiff without warning, pining him up against an automobile, causing Plaintiff severe injury. At all times herein mentioned, Plaintiff was acting in a reasonable, prudent manner. It was the duty of the Defendant to use due care to watch where he was driving, to maintain a proper lookout, to reduce speed to avoid an accident, to maintain a proper distance between his vehicle and the Plaintiff, and to control his vehicle in order to avoid a collision. Defendant breached that duty of due care by failing to use due care by watching where he was driving, failing to maintain a proper lookout, failing to reduce speed to avoid an accident, failing to maintain a proper distance between his vehicle and the Plaintiff, and failing to control his vehicle in order to avoid a collision with Plaintiff. As a direct and proximate result of the negligence of the Defendant, Plaintiff has suffered physical injuries and mental anguish. Plaintiff has incurred expenses for medical care and treatment, medicines, nursing services, physical therapy, and other types of medical related attention. Plaintiff also has lost wages and will continue to lose such wages in the future. Plaintiff continues to suffer physical pain and discomfort from this accident, including a broken wrist that will not heal and two herniated discs at C4-C5 and C5-C6 that will require surgery. All the above damages were directly and proximately caused by the aforementioned negligence of the Defendant and were incurred without contributory negligence or assumption of the risk on the part of the Plaintiff. Plaintiff also did not have the opportunity to avoid this accident.       WHEREFORE, the Plaintiff demands judgment against the Defendant for TWO MILLION DOLLARS ($2,000,000.00) plus interests and costs for Count I of Plaintiff’s Complaint. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury.   Respectfully submitted, MILLER & ZOIS, LLC

11 Writing a Complaint

12 Methods of Discovery Why do we have methods of discovery?
Depositions – info outside court Interrogatories- written ?’s Request for documents and evidence Case Settled or goes to trial

13 Introduction of Evidence
DOCUMENTS –contracts, sales slips, letters, PHYSICAL OBJECTS-weapons, photos, items from a crime scene WITTNESS TESTIMONY- Introduction of evidence Documents Physical objects Witness testimony

14 Interrogatories set of questions Example "state the name, address,
and telephone number of each person that witnessed the incident," "state the amount that you admit you owe and describe and explain in detail your basis for calculating that amount."  Sample interrogatories

15 Example a)      If you filed the Complaint state precisely the classification of the cause of action being filed, a brief factual outline of the case including your contentions as to what the other party or parties did or failed to do, and a succinct statement of the legal issues in the case. If you have asserted defenses, provide a detailed factual basis for the defense or defenses you have asserted. Sample response: This is a personal injury case.  Defendant, John Tortfeasor, ran into my car from the rear while I was stopped at the traffic light at Jones Bridge Road at its intersection with Old Milton Parkway.  

16 deposition Sample deposition

17 Jury Selection Juries determine facts of the case & apply law

18 Questions about jury duty
How was I selected to serve jury duty? Why should I serve jury duty? How many jurors are selected? 6-8 for civil, for criminal What if I don’t show up for jury duty? contempt of court (fine $100 up to 3 days in jail) What should I wear? business attire Will I be paid? Yes, $30 a day

19 Name is randomly drawn A juror qualification sheet will be sent out Report to court house Info about case Sworn in Answer ‘s Jury is selected

20 Jury duty Sample Questionaire

21 Jury Exemptions Must be employed on a full time basis as a : Public official of the United States, state, or local government who is elected to public office or directly appointed by one elected to office. Must be a member of any governmental police or regular fire dept. (not including volunteer or non-governmental departments). Must be a member in active service of the Armed Forces of the United States.

Must be over 70 and requesting to be excused. Must have a current doctor's statement stating that you are unable to serve. Must have served as a juror in the Federal Court within the past 2 years. Must care for 1 or more children under the age of 10 whose health and/or safety would be jeopardized by their absence for jury service, or a person who is essential to the care of aged or infirm persons and does NOT work outside the home. Must be a sole owner/proprietor of a business with no employees where an absence would cause the business to close. Must be a volunteer firefighter, rescue squad member, or ambulance crew

23 Eligibility for Jury Duty
In order to be eligible for jury duty, you must be: A citizen of the United States At least 18 years of age A resident of the county in which you are to serve as a juror Able to communicate in English

24 Not a person who has had your right to vote revoked and not yet
Not suffering from a physical or mental disability that prevents you from performing your duties as a juror in a satisfactory manner Not a person who has had your right to vote revoked and not yet reinstated as the result of a felony conviction Not a law enforcement officer, if the trial is for a criminal case

25 The Litigation Process
Commencing an Action 2 Avoid Litigation 1 3 Trial Prep 4 Trying the Case 5 Executing a Judgement

26 Pretrial hearing Informal meeting before a judge
Tries to get the parties to reach an agreement before it goes to trial.


28 Opening Statement -Plaintiff

29 Opening Statement - Defendant

30 Opening statements Defendant 2nd Plaintiff 1st Info to the jurors
Stating what they intend to prove Defendant 2nd Plaintiff 1st Infor to jurors stating what you intent to prove Plaintiff 1st Defentant 2nd News report outlining opening statements

31 OPENING STATEMENTS the most crucial part of the trial
- After opening statements, a case unfolds in bits and pieces and not necessarily in any organized manner - research shows that many jurors form strong opinions after opening statements and interpret all of the subsequent evidence in light of those initial impressions - prepare an opening statement that virtually cripples the opposition - opening statements give an overview of what you expect to show through the witnesses and other evidence that will be introduced during the trial Opening statemtent The most crucial part of the trial Case unfolds Jurors form opions Gives an overview

32 Goals of Opening Statements
introduce the case theme to the court and jury Put the story in a compact package so that the jury will be able to get a bird's-eye view and better comprehend and appreciate the issues and the evidence. to make the disjointed evidence make sense Introduce theme Help jury comprehend story This should make disjointed evidence make sense

33 Goals of Opening Statements
Establish rapport with court & jury Get the jury to identify with your cause Lawyers need to be Sincere, honest, understanding, intelligent, dependable, considerate, warm, kind, friendly Establish rapport Lawyers need to be sincere, honest, intelligent, dependable, friendly

34 Goals of opening statements
Intro Body Conclusion Intro Body conclusion

35 Goals of Opening statements
It’s a statement NOT an argument BAD: Mr. Hare negligently drove at an excessive speed. GOOD: The speedometer read seventy-three miles per hour, and Mr. Hare was traveling in a fifty-mile per hour speed zone. Only state FACTS! Goals of opening statement Not an argument

36 Opening Statement INTRODUCTION Case theme Summary of facts
Enthusiasm for trying case Opening statement Introduction Case theme Summary of facts Enthusiasm

37 Sample Themes This is a case about taking chances
This is a case about a company that refuses to business the American way. Everything that happened here happened because of greed This is a case about police brutality This is a case about an innocent man wrongly accused. Greed and misfortune led us here today Sample themes this is a case about taking chances

38 Explain the key issues "Ladies and gentlemen, this lawsuit was filed because the defendant's car was following too closely behind the car of Mary Jane Fox, the plaintiff. The defendant, Mr. Hare, was not paying attention to the traffic ahead of him. As a result, Mary Jane was hit from behind by Mr. Hare. She suffered a broken and separated leg, and she will have this injury for the rest of her life." Explain key issues

39 Key Persons are introduced
Personalize your client If prosecution – personalize the people of the state and the need for societal safety "May Fox is an elementary school teacher. Before November 22, 1986, she was a very healthy young woman, twenty-eight years of age. She had been teaching at Pelham Elementary School for six years. Mary Jane is married and the mother of one three-year-old son, Jason. She enjoyed jogging, bicycling, and tennis. Never during the course of any of these activities did she have any trouble with her leg. It was only after that fateful day when Mr. Jones sped through a red light three days before Thanksgiving in 1986 that Mary Jane was left paraplegic and unable to enjoy her previous life, and unable to provide her son with a brother or sister." Key persons are introduced Personalize your client

40 Body of Opening Statement
MOST OF THE INFO HERE!! - set the scene of the factual incidents - describe the instruments of the liability or crime (gun, car, sexual language, etc.) - provide the date, time, and weather if important to your case - reiterate your theme and link it to the issue of your case - then tell your best story of what happened (based on what the evid. will show) - use vivid language when telling the story--make it real for the jury - state the legal elements to be proven (go to the law library to find this) Body Set the scene Describe instruments Reiterate theme Use vivd language State legal elements

41 conclusion Opening Statements
- simply and directly reiterate your top facts and state that the truth will show a verdict for your client.

42 The Litigation Process
Commencing an Action 2 Avoid Litigation 1 3 Trial Prep 4 Trying the Case 5 Executing a Judgement

43 Introduction of Evidence
List possible types of evidence that could be presented in a trial.

44 Introduction of Evidence
DOCUMENTS –contracts, sales slips, letters, PHYSICAL OBJECTS-weapons, photos, items from a crime scene WITTNESS TESTIMONY- Introduction of evidence Documents Physical objects Witness testimony

45 Each attorney summarizes the evidence
Closing Arguments Each attorney summarizes the evidence suggests reasons why the judge or jury should find in favor of his or her client.

46 The judge must explain the law to the jury
Instructions to jury The judge must explain the law to the jury

47 Verdict judgment, Verdict & Judgment Decision by jury
We the jury, find you guilty on all charges. judgment, Judge’s decision in the case.

48 Civil vs Criminal CIVIL Offense against indiviudal 6-8 Jurors
Liable or not Liable NO POLICE NO JAIL Remedy the problem CRIMINAL Offense against society 12-14 Jurors Guilty or Not Guilty Police Arrest you Possible Jail Punish the offender

49 Remedies An equitable remedy Injunction The payment of damages
Specific performance fulfill promise Injunction prevent

50 Criminal Trial Procedure
Arrest Deprived of Freedom Occurs with or w/o a warrant Read Miranda rights

51 Criminal Trial Procedure
Rights of the defendant Miranda Rights What crime Names of officers Phone Call May be released on bail $ left with court

52 Miranda Rights WARNING OF RIGHTS
1. You have the right to remain silent and refuse to answer questions. Do you understand? 2. Anything you do say may be used against you in a court of law. Do you understand? 3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand? 4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand? 5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand? 6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

53 Search & Seizure W/out Warrant With Warrant When arrested
Person, car, house Limited area on warrant Otherwise obtain permission W/out Warrant When arrested Limited search Believe a weapon is on you (Frisk) Believe car contains something illegal Plainview Probable cause School officials

54 Search & Seizure School Officials May search students w/o warrant

55 Answer the following Questions
What is an Information? – pg 45 What is the purpose of the Grand Jury? Pg 45 Notes over Arraignments Identify Trial procedures in Fracture.

56 Arraignment Informed of complaint & Rights
Judge dismisses or goes to trial Prosecutor prepares information (charges) Preliminary Hearing Evidence & witnesses Grand Jury decides whether person will stand trial Indictment issued Arraignment - To Court after arrest Read indictment Plead guilty or not guilty Sentencing or trial

57 Person is still not guilty.
Preliminary Hearing Grand jury Hears evidence & testimony If Crime has been committed Issue indictment (Written accusation) Arraignment Read indictment Pleads guilty or not guilty Informed of rights GUILTY NOT GUILTY SENTENCED TRIAL Person is still not guilty.

58 The Trial Jurors are selected Opening statements, Introduce evidence
Closing statements Jury instructions, announces decision If guilty, judge imposes sentence

59 Judge decides punishment
Sentencing CRIME Judge decides punishment Sentenced Fines Imprisonment Death

Indeterminate or definite Mandatory sentence (not altered) DEATH PENALTY Three Phases Jury determines guilt Punishment decided Appeal taken to state’s highest court

61 Floyd County Court Floyd County Court
Floyd County Court hears class "D" felonies, misdemeanors, infractions, and certain violations of local ordinances. Floyd County Court hears contract, tort and landlord/tenant cases with a jurisdictional limit of $10,000 and small claims filings under $3,000. Floyd County Court is one of only four County Courts remaining in Indiana

62 Floyd Superior Court Floyd Superior Court serves the public by providing a fair, accessible, effective and responsive forum to decide civil, criminal and other legal matters with the objective of resolving conflicts efficiently while maintaining confidence in the judiciary and enhancing community values.

63 Floyd Circuit Court Indiana's Fifty-second Judicial Circuit,
The Floyd Circuit Court has original jurisdiction to preside over all civil and criminal cases. The Floyd Circuit Court has exclusive jurisdiction in Floyd County over all probate/estate, trust and juvenile cases.

64 Juvenile Cases 1. Detention hearing 2. investigation
3. adjudicatory hearing ? Youth & parents, witnesses, advice from probation officer Take action or dispositional hearing

65 Action taken in juvenile case
Return home/ probation / Foster Home Training or reform school Or pay $ Sentenced with rehabilitation in mind

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