1. 2 There is only one good kind of legal dispute -- The one that is prevented!
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Transcript of 1. 2 There is only one good kind of legal dispute -- The one that is prevented!
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There is only one There is only one good kind of good kind of
legal dispute --legal dispute --
The one that The one that is prevented!is prevented!
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KNOW THE DIFFERENCEKNOW THE DIFFERENCE
LitigationLitigation refers to lawsuits; the refers to lawsuits; the process of filing claims in court, and process of filing claims in court, and ultimately going to trial.ultimately going to trial.
Alternative Dispute ResolutionAlternative Dispute Resolution is any is any other formal or informal process for other formal or informal process for settling disputes without going to settling disputes without going to trial.trial.
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The Federal Court The Federal Court SystemSystem
The Federal Court The Federal Court SystemSystem
Primary Trial Court
Trial Courts of Limited (Specific) Jurisdiction
United StatesSupreme 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.
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Circuits in the Federal Court Circuits in the Federal Court SystemSystem
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. CircuitWashington, D.C.
Federal CircuitWashington, D.C.
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1
2
3
4
11
5
7
89
10
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Federal Courts -- Federal Courts -- Four kinds of civil lawsuits permittedFour kinds of civil lawsuits permitted
Federal Question CasesFederal Question Cases Disputes between statesDisputes between states Disputes between citizens of Disputes between citizens of
different states different states Questions over conflict between Questions over conflict between
state constitutions and federal state constitutions and federal lawslaws
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State Court SystemState 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
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.
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DiscoveryDiscoveryDiscoveryDiscovery
Interrogatories Interrogatories DepositionsDepositions Production of EvidenceProduction of Evidence Physical or Mental Exam Physical or Mental Exam Requests for AdmissionRequests for Admission
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OTHER DEFINITIONSOTHER DEFINITIONS
Class actionClass actionJudgment on the Judgment on the
pleadingspleadingsSummary Judgment Summary Judgment
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Beginning a Jury TrialBeginning a Jury Trial Jury Selection:Jury Selection: Process called voir dire
1. Questioning
2. Challenges for Cause
3. Peremptory Challenges
4. Jury Chosen
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TWO BASIC TRIAL TWO BASIC TRIAL RULESRULES
Burden of ProofBurden of Proof
Rules of EvidenceRules of Evidence
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THE TRIALTHE TRIAL
First, Opening ArgumentsFirst, Opening Arguments Plaintiff Calls WitnessesPlaintiff Calls Witnesses Defendant Questions Defendant Questions
Plaintiff’s WitnessesPlaintiff’s Witnesses Plaintiff may re-question as to Plaintiff may re-question as to
questions asked by defendant.questions asked by defendant. Defendant Moves for Defendant Moves for Directed Directed
VerdictVerdict
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The Defendant’s CaseThe Defendant’s Case
Defendant Calls WitnessesDefendant Calls Witnesses
Plaintiff Questions Defendant’s Plaintiff Questions Defendant’s WitnessesWitnesses
THEN WE HAVE REBUTTAL THEN WE HAVE REBUTTAL TESTIMONY BY PLAINTIFFTESTIMONY BY PLAINTIFF
WHEN ALL TESTIMONY FINISHED, THE WHEN ALL TESTIMONY FINISHED, THE ATTORNEYS GIVE CLOSING ATTORNEYS GIVE CLOSING
ARGUMENTSARGUMENTS
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Jury InstructionsJury InstructionsDeliberation and Deliberation and VerdictVerdict
After Both Sides Rest After Both Sides Rest (Finish)(Finish)
After Both Sides Rest After Both Sides Rest (Finish)(Finish)
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Motions after the Motions after the VerdictVerdict
AppealAppealSettlementSettlement
The Trial is Over… or is The Trial is Over… or is it?it?
The Trial is Over… or is The Trial is Over… or is it?it?
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The process of litigation, The process of litigation, with its potential for errors with its potential for errors
or biases, may influence the or biases, may influence the outcome of a dispute as outcome of a dispute as
strongly as the law itself. strongly as the law itself. That is all the more reason That is all the more reason
to prevent disputes if to prevent disputes if possible, or to use possible, or to use
alternative methods of alternative methods of dispute resolutiondispute resolution
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There is only one There is only one good kind of good kind of
legal dispute --legal dispute --
The one that The one that is prevented!is prevented!
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Litigation Litigation vs. vs.
Alternative Dispute Alternative Dispute ResolutionResolution
LitigationLitigation refers to lawsuits; the refers to lawsuits; the process of filing claims in court, and process of filing claims in court, and ultimately going to trial.ultimately going to trial.
Alternative Dispute ResolutionAlternative Dispute Resolution is any is any other formal or informal process for other formal or informal process for settling disputes without going to trial.settling disputes without going to trial.
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Alternative Dispute Alternative Dispute ResolutionResolution
(most common forms)(most common forms)
NegotiationNegotiation MediationMediation ArbitrationArbitration