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USA Federal Civil Litigation

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  • 1. FEDERAL LITIGATION Of United states of America Presented by Sadanand Naik Legal Assistant Cerebra Integrated Technologies Ltd Bangalore, India
  • 2. COURT AND ITS KINDS
    • COURT IS AN ADJUDICATER OF DISPUTES
    • Two kinds of federal courts
    • The trial court i.e. District courts
    • The appellate court i.e. the circuit courts and
    • the supreme court
    • Two kinds of courts in the country
    • Federal courts and
    • State courts
  • 3. FEDERAL AND STATE COURT DISTICTION
    • FEDERAL COURTS
    • Established under US Constitution
    • Disputes involving the constitution
    • Laws passed by congress
    • STATE COURTS
    • Established by state
    • Disputes involving state constitution
    • Laws passed by state
  • 4. HIERARCHY OF FEDERAL COURTS
    • US SUPREME COURT
    • US COURT OF APPEALS
    • US DISTRICT COURTS
  • 5. JURISDICTION OF FEDERAL COURT
    • US IS A PARTY IN A CASE
    • QUESTION JURISDICION i.e.cases involving us constitution and federal laws.
    • DIVERSITY JURISDICTION i.e. citizens of different state amount above $ 75,000.
  • 6. PROCEDURES APPLIED
    • FEDERAL RULES OF CIVIL PROCEDURE
    • FEDERAL RULES OF CRIMINAL PROCEDURE
    • FEDERAL RULES OF APPEALS PROCEDURE
    • FEDERAL RULES OF BANKRUPTCY PROCEDURE.
    • FEDERAL RULES OF EVIDENCE.
  • 7. HOW THE PROCEEDINGS TAKES PLACE
    • Starting the case
    • PLEADINGS
    • Pretrial Activity
    • PRETRIAL CONFERENCES
    • DISCOVERY
    • MOTIONS
    • SETTLEMENTEFFORTS & ADR
    • Trial
    • JURY TRIAL BENCH TRIAL
    • JURY SELECTION
    • OPENING STATEMENTS
    • PRESENTATION OF EVIDENCE
    • EVIDENCE RULINGS
    • CLOSING ARGUMENTS
    • INSTRUCTION&STANDARD OF PROOF
    • DELIBERATION AND VERDICT
    • Post trial
    • JUDGEMENT
    • RIGHT OF APPEAL
  • 8. PLEADINGS
    • COMPLAINT BY PLAINTIFF
    • ANSWER BY DEFENDANT
    • MOTIONS
  • 9. OPENING STATEMENT
    • LAWYER OF BOTH THE SIDES
    • OVERVIEW OF EVIDENCE
  • 10. PRESENTATION OF EVIDENCE
    • Plaintiff evidence
    • Defense evidence
    • Evidence two kinds.
    • PHYSICAL EVIDENCE e.g. documents,
    • photographs, objects( exhibits)
    • TESTIMONY WITNESSES
    • Direct Examination
    • Cross Examination
    • Redirect examination
    • Recross Examination
  • 11. CLOSING ARGUEMENTS
    • BY THE PLAINTIFF AND DEFENDANT ‘S
    • LAWYER
    • WHAT ARE THE ISSUES
    • WHAT ARE PROVED AND
    • WHAT NOT
    • LAW AND PRECEDENTS
  • 12. Instructions and standard of proof
    • INSTRUCTIONS TO JURY BY JUDGE
    • PREPONDERENCE OF EVIDENCE
    • HOW TO APPLY LAW
  • 13. Deliberations and verdict
    • JURY ROOM
    • DISCUSSION OF EVIDENCE
  • 14. JUDGEMENT
    • IS A OUTCOME OF A
    • TRIAL OR RESULT OF
    • THE CASE
  • 15. RIGHT O APPEAL
    • LOSING PARTY
    • GROUNDS DISTRICT JUDGE ERROR
    • IMPROPER EVIDENCE ADMI
    • WRONG INTERPERETATION OF LAW
  • 16. How Cases Move Through Federal Courts Appeals
    • ASSIGNMENT OF JUDGES
    • ALTERNATE DESPUTE RESOLUTION
    • REVIEW OF LOWER COURT DECISION
    • ORAL ARGUMENT
    • DECISION
    • APPEAL TO SUPREME COURT
    • Reference
    • http:// www.fjc.gov/federal/courts.nsf/autoframe?OpenForm&nav =menu4a&page=/federal/courts.nsf/page/F9A7B67E8B890BE1852568240069786A?opendocument