Litigation Course Notes
1. Substantive law vs Procedural law
a. Substantive law: defines individual rights & duties
IE K law, employment law, criminal law
b. Procedural law: laws that deliberate methods of enforcing the rights established by Substantive law
IE litigation, some parts of process of Family law
2. Criminal vs Civil
a. Criminal: govt vs someone for a crime designed to protect the society as a whole
b. Civil: individual protects individual rights & enforces individual duties
3. Cause of Action (COA) – legal reason for suing; a scenario can have multiple COAs
4. Client law firm initial interview (starting informal fact gathering; informal bc ct isn’t involved yet) – after gathering basic info, then we need to make sure we have winning COA or likely to prevail; & what are the damanges? If there are damages we need to if it’s worth the trouble (if attny fees < or > than damages), is D gonna have $ or assets or not? Attny will take Contingencies/hourly rate(most common)/flat fee next step is Possible Settlement
5. P is responsible for Summons and Complaint
a. Summons: a document informing a D that a legal action has been commenced against him/her and that he D must appear in ct on a certain date to ans the P’s complaint. Doc is delivered by a sheriff or any other person so authorized.
b. Complaint: the pleading made by a P alleging wrong doing on the part of the D, doc that when filed w/a ct, initiates lawsuit COA actions, notifies D of COA, what facts fr buss for COA, & notify D of remedies
6. Service of Process is the formal method of notifying D of lawsuit
7. Answer: D needs to respond w/answer
a. Admit Ans
b. Defenses – defense is a theory that will defeat a COA
c. Counter Claim – if D has reason to sue P
8. Pleading: a ct doc that sets out a party’s legal position
9. Motions: a request for a ct order
10. Period of Discovery: formal fact gathering process (govt involved; enforced). (typically 6months) Judge will set time limit for discovery,
a. Substantive law: defines individual rights & duties
IE K law, employment law, criminal law
b. Procedural law: laws that deliberate methods of enforcing the rights established by Substantive law
IE litigation, some parts of process of Family law
2. Criminal vs Civil
a. Criminal: govt vs someone for a crime designed to protect the society as a whole
b. Civil: individual protects individual rights & enforces individual duties
3. Cause of Action (COA) – legal reason for suing; a scenario can have multiple COAs
4. Client law firm initial interview (starting informal fact gathering; informal bc ct isn’t involved yet) – after gathering basic info, then we need to make sure we have winning COA or likely to prevail; & what are the damanges? If there are damages we need to if it’s worth the trouble (if attny fees < or > than damages), is D gonna have $ or assets or not? Attny will take Contingencies/hourly rate(most common)/flat fee next step is Possible Settlement
5. P is responsible for Summons and Complaint
a. Summons: a document informing a D that a legal action has been commenced against him/her and that he D must appear in ct on a certain date to ans the P’s complaint. Doc is delivered by a sheriff or any other person so authorized.
b. Complaint: the pleading made by a P alleging wrong doing on the part of the D, doc that when filed w/a ct, initiates lawsuit COA actions, notifies D of COA, what facts fr buss for COA, & notify D of remedies
6. Service of Process is the formal method of notifying D of lawsuit
7. Answer: D needs to respond w/answer
a. Admit Ans
b. Defenses – defense is a theory that will defeat a COA
c. Counter Claim – if D has reason to sue P
8. Pleading: a ct doc that sets out a party’s legal position
9. Motions: a request for a ct order
10. Period of Discovery: formal fact gathering process (govt involved; enforced). (typically 6months) Judge will set time limit for discovery,