Chapter 3 Judicial, Alternative, and E-Dispute Resolution

Pretrial Litigation Process Pleadings Discovery Settlement conference Pretrial motions 3-2 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 3

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Pleadings Complaint and summons Plaintiff files a complaint Lists parties to the lawsuit Alleges facts and laws violated Adds a prayer for relief Court issues summons Directs defendant to appear and answer 3-3 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Pleadings Answer Filed by the defendant Admits or denies allegations States affirmative defenses If all allegations are admitted, a judgment is entered against the defendant If no answer is filed, a default judgment is entered 3-4 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Pleadings Cross-complaint Filed by the defendant against the plaintiff to seek damages or other remedy Reply Filed by the plaintiff Serves as answer to the cross-complaint 3-5 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Pleadings Intervention Other parties with an interest in the lawsuit become parties to the lawsuit Consolidation Several lawsuits stemming from the same situation filed against a common defendant Court will consolidate the lawsuits if no undue prejudice exists Reduces strain on court system 3-6 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Pleadings Class action Occurs when a group of plaintiffs collectively bring a lawsuit against a defendant Must be certified by the appropriate federal or state court Commonality of claims is essential 3-7 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Case 3.1: U.S. Supreme Court Class Action Lawsuit Walmart Stores, Inc. v. Dukes 131 S.Ct. 2541, 180 L.Ed.2d 374, Web 2011 U.S. Lexis 4567 (2011) Supreme Court of the United States Issue Is the certification of the class justified by law? 3-8 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Pleadings Statute of limitations Establishes the period during which a plaintiff must bring a lawsuit against a defendant If a lawsuit is not filed within this time period, plaintiff loses the right to sue Established for each type of lawsuit 3-9 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Discovery Process of discovering facts about the case and witnesses before trial Purposes Preventing surprises during trial Allowing parties to thoroughly prepare for trial Preserving evidence Saving court time Promoting settlement of cases 3-10 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Discovery The major forms of discovery are: Deposition Interrogatories Production of documents Physical and mental examination 3-11 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Pretrial Motions A motion a party can make to try to dispose of all or part of a lawsuit prior to trial Types Motion for judgment on the pleadings Motion for summary judgment 3-12 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Settlement Conference Also known as pretrial hearing Facilitates the settlement of a case without trial Informal conference Used to identify major trial issues and relevant factors Most cases settle before trial 3-13 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Trial 7th Amendment guarantees the right to a jury trial in cases in federal court Jury trial is held upon the request of either party If both parties waive their right to a jury, the trial will be without a jury The judge is the trier of fact in nonjury trials 3-14 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Phases of Trial Jury selection Opening statements The plaintiff’s case The defendant’s case Rebuttal and rejoinder Closing arguments Jury instructions and deliberation Verdict Entry of judgment 3-15 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Appeal An appeal can be filed once a final judgment is entered In a civil case Either party can appeal the trial court’s decision In a criminal case Only the defendant can appeal 3-16 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. Appeal Appellate court will: Reverse lower court decisions for errors of law Reverse finding of fact only if it is unsupported by any evidence Not reverse a finding of fact made by a jury or judge 3-17 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Alternative Dispute Resolution (ADR) Methods of resolving disputes other than litigation Negotiation Arbitration Mediation Mini-Trial Fact-finding Judicial Referee 3-18 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Alternative Dispute Resolution (ADR) Negotiation Parties engage in discussions to try to reach a voluntary settlement May take place at any level of litigation Parties make offers and counteroffers A settlement-agreement is entered into 3-19 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Alternative Dispute Resolution (ADR) Arbitration Common in commercial and labor disputes Parties choose neutral third party to hear evidence and testimony and decide the case Arbitrator makes a decision and enters an award Arbitration can be binding or non-binding 3-20 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Alternative Dispute Resolution (ADR) Uniform Arbitration Act Promotes the arbitration of disputes at the state level Federal Arbitration Act A federal statute that provides for the enforcement of most arbitration agreements 3-21 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Alternative Dispute Resolution (ADR) Mediation Parties choose a neutral third party to assist them Settlement is reached through intermediation Mediator is allowed to give opinions to either party Mediator does not make judgment or issue award 3-22 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Alternative Dispute Resolution (ADR) Mini trial Voluntary private proceeding Lawyers for each side present their cases to representatives of each party A neutral third party can be hired Parties get to see the strengths and weaknesses of their case 3-23 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Alternative Dispute Resolution (ADR) Fact finding A neutral fact-finder is employed to investigate the dispute The fact-finder presents the findings to the parties The information is used in negotiating a settlement The fact-finder is not authorized to make a decision or an award 3-24 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Alternative Dispute Resolution (ADR) Judicial referee Court-appointed referee who conducts a private trial and renders a judgment The decisions stand as judgments of the court Parties reserve their right to appeal 3-25 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Case 3.2: U.S. Supreme Court Class Action Waiver AT&T Mobility LLC v. Concepcion 131 S.Ct. 1740, 179 L.Ed.2d 742, Web 2011 U.S. Lexis 3367 (2011) Supreme Court of the United States Issue Does the Federal Arbitration Act (FAA) preempt California’s law that outlaws class action waivers? 3-26 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

E-Courts and E-Dispute Resolution Used to settle legal disputes via the Internet Allow online filing of pleadings, briefs, and documents Evidence and documents can be scanned for storage Scheduling and conferences with the judge are held via telephone conferences and e-mail 3-27 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.

Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall. 3-28 Copyright © 2013 Pearson Education, Inc. Publishing as Prentice Hall.