Weird Al- “Sue Ya” https://www.youtube.com/watch?v=MeXQBHLIPcw
Civil Procedure
1. Bringing Suit Complaint: filed by plaintiff Sets out claims vs. defendant & $$ requested Complaint served on defendant Summons to appear in court
2. Answer Defendant’s response to complaint = answer Pleadings = complaint + answer (initial papers) Scheduling conference
3. Discovery Parties develop evidence for trial Obtain evidence from opposing party Most civil cases end here; less than 5% go to trial
5. Pre-Trial Hearing Cases usually end here (strength/ weakness of both sides relatively clear) Might drop suit Or, settle suit…. Settlement: agree to accept less $ Mediation: informal Arbitration: professional 3rd party helps make decision
6. Trial Formally present case in court Burden of proof = “preponderance of evidence” {more than likely} Verdict: court enters judgment that states result & remedy required Remedy= amnt of $ to be paid to plaintiff
7. Appeal Appeal … usually b/c of error in procedure or interpretation of law If there was no trial (i.e. if they settled) then NO ONE can appeal!!
“Hot Coffee” (64L) https://www.youtube.com/watch?v=pCkL9UlmCOE Take notes on what’s going on on page 64L https://www.youtube.com/watch?v=pCkL9UlmCOE
Hot Coffee con’t – 64L Please answer in complete sentences: What is your reaction/ response to the “Hot Coffee” case? Just reflect as thoughts come to you. What do you think is fair? Should companies be punished when people get hurt by their products? If so, should there be a limit on how much people should be required to pay?