Trial Courts - Civil Cases

1. Trial Courts: Civil CasesTrial Courts: Civil Cases
Cases, Actors, Processes, andCases, Actors, Processes, and
LitigationLitigation

2. Purposes of Civil CourtsPurposes of Civil Courts
 Offer RemediesOffer Remedies
 DamagesDamages
 RestitutionRestitution
 CoercionCoercion
 DeclarationDeclaration
 Dispute ResolutionDispute Resolution
 Behavior ModificationBehavior Modification

3. Types of Civil CasesTypes of Civil Cases
 Contract CasesContract Cases
 Personal Injury (Tort Law)Personal Injury (Tort Law)
 Automobile InjuryAutomobile Injury
 Malpractice SuitsMalpractice Suits
 Product LiabilityProduct Liability
 http://today.msnbc.msn.com/id/25258522/http://today.msnbc.msn.com/id/25258522/
 Domestic Relations (Family Law)Domestic Relations (Family Law)
 Marriage, divorce, child custody, alimony, andMarriage, divorce, child custody, alimony, and
children’s rightschildren’s rights
 Estate or Probate CasesEstate or Probate Cases
 Real PropertyReal Property

4. Participants in Civil CasesParticipants in Civil Cases
 JudgesJudges
 LawyersLawyers
 PartiesParties
 Party CapabilityParty Capability
 Individuals versus OrganizationsIndividuals versus Organizations
 One-shotters versus Repeat PlayersOne-shotters versus Repeat Players
 Galanter 1974Galanter 1974

5. Civil Court ProceduresCivil Court Procedures
 1. Pleading Stage1. Pleading Stage
 2. Discovery2. Discovery
 3. Pre-trial Motions3. Pre-trial Motions
 Motion to QuashMotion to Quash
 Motion to StrikeMotion to Strike
 Motion to Make More DefiniteMotion to Make More Definite
 4. Pre-trial Conference4. Pre-trial Conference

6. Civil Trial ProcessCivil Trial Process
 5. Trial5. Trial
 1. Selection of Jury1. Selection of Jury
 2. Opening Statements2. Opening Statements
 3. Presentation of Plaintiff’s Case3. Presentation of Plaintiff’s Case
 4. Motion for Directed Verdict4. Motion for Directed Verdict
 5. Presentation of Defendant’s Case5. Presentation of Defendant’s Case
 6. Plaintiff’s Rebuttal6. Plaintiff’s Rebuttal
 7. Answer to Plaintiff’s Rebuttal7. Answer to Plaintiff’s Rebuttal

7. Civil Trial Process (cont’d)Civil Trial Process (cont’d)
 8. Closing Arguments8. Closing Arguments
 9. Instructions to the Jury9. Instructions to the Jury
 10. The Verdict10. The Verdict
 6. Post-trial Motions6. Post-trial Motions
 7. Judgment and Executions7. Judgment and Executions
 8. Appeal8. Appeal

8. Alternative Dispute ResolutionAlternative Dispute Resolution
(ADR)(ADR)
 Two considerations
 How public is the alternative?
 How formal is the process?
 Related to each other (i.e., more formal equals more public)
 Types:
 Direct negotiation between parties
 Direct negotiation between parties with attorneys or representatives
 Mediation (conciliation) – a method of nonbinding dispute resolution involving a
neutral third party who ties to help the disputing parties reach a mutually agreeable
solution.
 Informal
 Formal
 Arbitration – a method of dispute resolution involving one or more neutral third parties
who are usually agreed to by the disputing parties and whose decision is legally
binding.
 Often included in contracts of adhesion
 Less expensive than going to court
 Resolution by private courts and judges (rent-a-judge)

9. Class Action LawsuitsClass Action Lawsuits
 What is a class action lawsuit?
 They join to together multiple claims of similar type when a “class” of people are
“similarly situated”
 Suffered the same harm
 The case for all is proved by the case for one and the defendant (or defendants) is
liable.
 Guided by Federal Rules of Civil Procedure 23
 http://www.law.cornell.edu/rules/frcp/Rule23.htm
 Advantages:
 Allows the court to process all identical claims at the same time thereby making the
process more efficient. (efficiency)
 Prevents inconsistent results amongst the various “cases”. (fairness)
 Damages are distributed fairly among members of the affected class. (fairness)
 Allows people to sue when the size of the individual claim is small.
 Disadvantages:
 Members of the class receive no individualized attention from the lawyers or the court.
 Class action suits are used in inappropriate ways.
 Not all members of the class are similarly affected as alleged.
 Lawyers have an incentive to settle early because paid on contingent fees

10. Class Action LawsuitsClass Action Lawsuits
 What is a class action lawsuit?
 They join to together multiple claims of similar type when a “class” of people are
“similarly situated”
 Suffered the same harm
 The case for all is proved by the case for one and the defendant (or defendants) is
liable.
 Guided by Federal Rules of Civil Procedure 23
 http://www.law.cornell.edu/rules/frcp/Rule23.htm
 Advantages:
 Allows the court to process all identical claims at the same time thereby making the
process more efficient. (efficiency)
 Prevents inconsistent results amongst the various “cases”. (fairness)
 Damages are distributed fairly among members of the affected class. (fairness)
 Allows people to sue when the size of the individual claim is small.
 Disadvantages:
 Members of the class receive no individualized attention from the lawyers or the court.
 Class action suits are used in inappropriate ways.
 Not all members of the class are similarly affected as alleged.
 Lawyers have an incentive to settle early because paid on contingent fees