1. 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

2. Lawsuits http://www.youtube.com/watch?v=x3tkINlq8Rg

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

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

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

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

7. 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

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

9. 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)

10. 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

11. 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)

12. 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

13. 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

14. 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)

15. 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

16. Pleadings
Complaint
Answer
Reply

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

18. 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

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

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

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

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

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

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

25. Alternative Dispute Resolution
Arbitration vs. Mediation

26. 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

27. 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