Many slides Copyright © 2008 by Delmar Learning Hotel, Restaurant, and Travel Law: A Preventive Approach, Seventh Edition Chapter 2 Legal Procedures: Journey of a Case through the Courts Many slides Copyright © 2008 by Delmar Learning

Lawsuits http://www.youtube.com/watch?v=x3tkINlq8Rg http://www.youtube.com/watch?v=fo2CEYsyVCQ http://www.youtube.com/watch?v=PoEWJzbMDw0 http://www.youtube.com/watch?v=BwHqyO4pmoo

Introduction Variety of resolutions Lawsuits Settled before lawsuit is begun Heard in court Settled after lawsuit is begun

Introduction (cont’d) Claim Demand for remedy, usually money, to compensate for a perceived wrong

Parties and Proof Parties—individuals engaged in a conflict, referred to as litigants

Parties and Proof Plaintiff—party who initiates the lawsuit Defendant—party being sued

Parties and Proof Plaintiff must prove that: (cont’d) Plaintiff must prove that: Defendant violated the law Plaintiff suffered an injury or loss Cause of plaintiff’s injury or loss was the defendant’s violation of the law

Commencing the Lawsuit The lawsuit beings by serving or filing a complaint and a summons

The Complaint Document issued by the plaintiff that contains allegations (unproven statements) Refer to Figure 2-1 in the textbook for an example (page 19)

The Complaint Consists of three parts: (cont’d) Consists of three parts: Statement showing the jurisdiction of the court Details about why the plaintiff is suing the defendant Claim for relief, usually a request for money

Summons Document ordering the defendant to appear and defend the allegations made against him or her Served with the complaint Refer to Figure 2-4 in the textbook for an example (page 23)

Service of Process Delivery of the summons and complaint to the defendant Filed with the court in most states Specially appointed agent of the court serves them on the defendant

Responses to the Complaint Defendant must: File motions addressed to some defect in the complaint If no defects exist, file an answer to the complaint

The Answer Defendant must serve within the permissible time period Fulfills following purposes: Admits or denies the allegations Sets forth any defenses the defendant may have to the plaintiff’s claim States any claims the defendant may have against the plaintiff (counterclaim)

Responses to the Answer Reply Only if the answer contains a counterclaim Plaintiff must issue a reply Relays plaintiff’s response to the allegations in the counterclaim

Pleadings Complaint Answer Reply

Pretrial Procedure Discovery—process by which each side obtains evidence known to the other side

Pretrial Procedure Discovery may include: (cont’d) Discovery may include: Written questions (interrogatories) Oral questions (depositions) Inspection of physical evidence that may be relevant Review of documents or other evidence held by the adverse party or by a potential witness Mental or physical condition of one of the parties is an issue

The Trial After serving of pleadings and gathering of evidence Attorneys present the case to an impartial tribunal Judge Jury

Trial Procedure Selection of the jury Opening statements Plaintiff’s case-in-chief Defendant’s case-in-chief Plaintiff’s case in rebuttal

Trial Procedure Summation Judge’s charge to the jury (cont’d) Summation Judge’s charge to the jury Jury’s deliberations Verdict Judgment

Types of Trials Criminal case—determination to have a jury is made exclusively by the defendant

Civil case—if either party wants a jury, the case will be tried by a jury

Appellate Courts Courts that hear appeals No juries Three to 9 judges

Alternative Dispute Resolution Arbitration vs. Mediation http://www.ehow.com/video_4985480_what-difference-between-mediation-arbitration.html

Alternative Dispute Resolution Arbitration—dispute is submitted to an arbitrator, objective third party Informal hearing is held and evidence is presented Arbitrator decides who should win Arbitrator’s decisions cannot be appealed

Alternative Dispute Resolution Mediator facilitates discussion and negotiations between parties Informal setting Mediator does not have authority to decide who wins Assists the parties in reaching a settlement