“Facts are ventriloquists’ dummies. Sitting on a wise man’s knee they may be made to utter words of wisdom; elsewhere, they say nothing, or talk nonsense or indulge in sheer diabolism.”
Aldus Huxley, British Author

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Structure of our court systems
Civil lawsuits
Alternative dispute resolution

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Litigator: Lawyer who handles court cases
Litigation: Process of filing claims in court, and ultimately going to trial
Alternative dispute resolution: Formal or informal process used to settle disputes without resorting to a trial

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United States has over 50 systems of courts
Nationwide system of federal courts serves the entire country
Each individual state has its court system

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Determine the facts of a particular dispute
◦ Apply to those facts the law given by earlier appellate court decisions
Jurisdiction: Court’s power to hear a case

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Court has the authority to hear a particular type of case
Trial courts of limited jurisdiction
◦ Hear only certain types of cases
◦ Small claims court - Jurisdiction over civil lawsuits
◦ Juvenile court - Hears only cases involving minors
◦ Probate court - Settling the estates of deceased persons

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Trial courts of general jurisdiction
◦ Hear a very broad range of cases
◦ Most important court - General civil division
Personal jurisdiction: Legal authority to require the defendant to:
◦ Stand trial
◦ Pay judgments

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Personal jurisdiction exists if:
◦ Defendant is a resident of the state in which a lawsuit is filed
◦ Defendant takes a formal step to defend a lawsuit
◦ Summons is served on a defendant
 Summons: Court’s written notice that a lawsuit has been filed against the defendant
◦ A long-arm statute applies
 Long-arm statute: Gives a court jurisdiction over someone who commits a tort, signs a contract, or conducts “regular business activities” in the state

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Accept the facts given to them by trial courts
◦ Review the trial record to see if the court made errors of law
Will accept a factual finding unless there was no evidence at all to support it
Error of law: Appeals court may require a new trial

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Court of appeals
◦ Appellant: Party filing the appeal
◦ Appellee: Party opposing the appeal
◦ Briefs: Written arguments on the case
◦ Reversed: Nullified
◦ Affirmed: Permitted to stand

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State Supreme Court
◦ Highest court in the state
◦ Accepts some appeals from the court of appeals
◦ Seven judges – Justices sit on the Supreme Court

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Federal question case: Claim based on the
United States Constitution, a federal statute, or a federal treaty
◦ Federal courts have jurisdiction
Diversity case
Diversity jurisdiction: When:
◦ Plaintiff and defendant are citizens of different states
◦ The amount in dispute exceeds $75,000

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United States district court
◦ Primary trial court in the federal system
◦ Nation is divided into about 94 districts
 Each has a district court
Other trial courts
◦ Bankruptcy court
◦ Tax court
◦ United States court of International trade

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Judges
◦ President of the United States nominates all federal court judges

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United States courts of appeals
◦ Intermediate courts of appeals
◦ Divided into “circuits”
United States Supreme Court
◦ Highest court in the country
◦ Nine justices on the court
 One justice - Chief justice
 Eight - Associate justices
◦ Power to hear appeals in any federal case
◦ Writ of certiorari the case
: Petition asking the court to hear

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Pleadings: Documents that begin a lawsuit
◦ Complaint
◦ Answer
◦ Sometimes a reply

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Complaint: Short, plain statement of the facts alleged and the legal claims made
Service
◦ Summons - Paper ordering the defendant to answer the complaint within 20 days
Answer - Brief reply to each of the allegations in the complaint
◦ Default judgment: Decision that the plaintiff wins without trial because the defendant failed to answer in time

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Counter-claim: Second lawsuit by the defendant against the plaintiff
◦ Reply - Answer to a counter-claim
Class actions: One plaintiff represents the entire group of plaintiffs
◦ Those who are unaware of the lawsuit or even unaware they are harmed

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Judgment on the pleadings
◦ Motion: Formal request to the court that the court take some step or issue some order
◦ Motion to dismiss: Request that the court terminate a case without permitting it to go further
Discovery: Critical, pre-trial opportunity for both parties to:
◦ Learn the strengths and weaknesses of the opponent’s case

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Discovery
◦ Interrogatories - Written questions that the opposing party must answer, in writing, under oath
◦ Depositions - Provide a chance for one party’s lawyer to question the other party
 Deponent: Person being questioned
◦ Production of documents and things

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Discovery
◦ Physical and mental examination
 Motion for a protective order: Request that the court limit discovery
 Motion to compel answers to interrogatories
 Memorandum: Supporting argument
 In camera inspection: Judge views the requested documents alone, with no lawyers present
 Decides whether the other side is entitled to view them

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E-Discovery
◦ Businesses large and small have vast amounts of data stored electronically
Other discovery

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Ruling by the court that no trial is necessary because:
◦ Some essential facts are not in dispute

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Attorneys make lists of all witnesses they will call
Prepare each witness very carefully
Rehearse the questions
Takes hours and hours, for many days

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Adversary system
◦ Putting a witness on the stand and letting both lawyers question
 Truth will emerge
Right to jury trial
◦ Plaintiff and defendant have a right to demand a jury trial when:
 Lawsuit is one for money damages

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Voir dire: Process of selecting a jury
◦ Challenges for cause: Claiming that a juror has demonstrated probable bias
◦ Peremptory challenges: Right to excuse a juror for virtually any reason
Opening statements - Summarizing the proof he or she expects to offer, with the plaintiff going first

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Burden of proof
◦ Preponderance of the evidence: Plaintiff’s burden in a civil lawsuit
◦ Beyond a reasonable doubt: Government’s burden in a criminal prosecution

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Plaintiff’s case
◦ Direct examination: When a lawyer asks questions of her own witness
◦ Cross-examine: Ask questions of an opposing witness
Rules of evidence
◦ Law of evidence:
 What questions a lawyer may ask
 How the questions are to be phrased
 What answers a witness may give
 What documents may be introduced

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Motion for directed verdict
◦ Directed verdict: Ruling that the plaintiff has entirely failed to prove some aspect of her case
◦ Permissible only if the evidence favors the defendant that:
 Reasonable minds could not disagree on it
Defendant’s case

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Closing arguments
◦ Lawyers sum up their case to the jury:
 Explaining how they hope the jury will interpret what they have heard
Jury instructions
◦ The judge instructs the jury to evaluate the case solely on the facts of the evidence presented

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Verdict
◦ Jury deliberates informally, with all jurors entitled to voice their opinion
Motions after the verdict
◦ Judgment non obstante veredicto notwithstanding the jury’s verdict
(JNOV): Judgment

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Precedent: Earlier decisions by the state appellate courts on similar issues
Appeals court options
◦ Affirm: Allow the decision to stand
◦ Modify: Affirm the outcome but with changes
◦ Reverse and remand: Nullify the lower decision and return the case for reconsideration
◦ Reverse: Turning the loser into the winner, with no new trial
◦ Harmless error: Mistake by the trial judge that was too minor to affect the outcome

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Negotiation
◦ Majority of disputes are resolved this way
Mediation
◦ Mediator - Attempts to guide the two disputing parties toward a voluntary settlement
◦ Advantages - Two antagonists can speak freely
 All discussions are confidential
 Offers the strongest “win–win” potential

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Arbitration
◦ Bring in a neutral third party
 Arbitrator has the power to impose an award
Arbitrator after deliberation, issues a binding decision