If you understand football...

Sacramento County Public Law Library
813 Sixth Street, 1st Floor, Sacramento, CA 95814
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www.saclaw.org
If you understand football…
You can make sense of court cases

At the beginning of the game, the home team runs onto the field.
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At the beginning of a lawsuit, the “plaintiff” files and serves the complaint .
http://www.flickr.com/photos/virtualsugar/5112884098/

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If the visiting team doesn’t show up, they forfeit the game.
If the visiting team does show up, then the game starts.
If the “defendant” doesn’t file an answer, the plaintiff can request a “default.”
If the defendant serves and files an answer to the complaint, then the case continues.
http://www.flickr.com/photos/dnorman/3913137245/

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During the game, the two teams square off on the field, and use a combination of running, passing, and kicking plays to try to win the game.
The plaintiff and the defendant use the tools of “discovery” to obtain from each other the evidence that is necessary to present their case at trial.

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These tools, such as “interrogatories,” “demands for inspection/request for production of documents,” “request for admissions,” and “depositions” are done between the parties of the lawsuit, usually without court involvement.

If there is a dispute or controversy, a referee determines the outcome.
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In the event of a dispute, a party can file a “motion” with the court, asking the court to order the other side to comply, or to rule what information can or cannot be provided.
http://www.flickr.com/photos/yourdon/3890007962/

The teams could possibly meet and agree upon what the final score should be. In football, this is bad.
The sides of a lawsuit could meet and agree upon a final settlement of the case. In lawsuits, this is good.
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A clock and scoreboard keep track of the progress of the game.
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The court keeps track of the progress of the case
by using case management conferences and case
management statements.

The referee on the field makes the initial call on any given play.
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The case might be sent to “arbitration,” where an arbitrator issues an opinion as to how the case should be resolved. If the arbitration is “binding” the arbitrator’s decision is final. If the arbitration is “non-binding,” and the sides do not oppose the arbitrator’s decision, the decision becomes binding
after 30 days.

A contested play might get sent for review on the instant replay.
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If the arbitrator’s award is non-binding and one of the litigants rejects the award (or if the case is exempt from arbitration), the case is set for trial, where a final judgment is made.
http://www.flickr.com/photos/bobo1522/2917580216

For more information, visit the Civil Self Help Center or talk with a law librarian.
Narration: VivianaCamacho
Photo credits:
http://www.flickr.com/photos/virtualsugar/
http://www.flickr.com/photos/dnorman
http://www.flickr.com/photos/yourdon/
http://www.flickr.com/photos/bobo1522/

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If you understand football...

by Sacramento County Public Law Library on Oct 29, 2010

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If you understand football... — Webinar Transcript