1. The Litigation Process
Business Law

2. Step One Avoiding Litigation
Parties in a disagreement try to resolve without going to court
Mediation
Arbitration
Working together to resolve the dispute

3. Starting an Action
In this step, the Plaintiff files papers with the court
Known as a Complaint
The person who is “served” is the Defendant
Sheriff’s department or an authorized person
Defendant can file an “Answer”
A counter-claim can also be filed.

4. Preparing for Trial – cont’d
Pretrial Motions
Documents filed by each side
The way parties communicate with the court
The judge decides the outcome of a motion
The case can end at this point.
The losing party in a motion can appeal
Examples:
Motion to dismiss; motion to suppress evidence, etc.

5. Preparing for Trial Discovery Unveiling the “details” of the case;
Deposition – questions and answers under oath.
Interrogations – witnesses questioned, etc.
Requests for Evidence
Examination by physicians, etc.

6. Criminal Trial Procedure
Arrest of Defendant
Rights of the Defendant
Must know why you’re being arrested
Bail – must be reasonable
Right to remain silent
Right to an attorney
Telephone call

7. Criminal Cont’d Search and Seizure Charges filed by District Attorney
Covered in more detail next chapter
Some limited searches can be done w/o a warrant
Frisk Search
Plain View
Charges filed by District Attorney

8. What comes next? Initial Appearance Preliminary Hearing***
Arraignment*** – Defendant charged
Enters a plea – guilty, not guilty, no contest
*** In a felony, P.H. 1st; Misdemeanor – order is reversed.

9. Criminal law, deals with acts of intentional harm to individuals which, in a larger sense, are offenses against us all. It is a crime to break into a home because the act not only violates the privacy and safety of the home's occupants - it shatters the collective sense that we are secure in our own homes. A crime is a deliberate or reckless act that causes harm to another person or another person's property

10. Criminal In some cases there may not be a specific victim
Example – Driving while intoxicated
Harmful offense – can cause harm to others

11. Trying the Case Selecting a Jury Opening Statements
Introduction of Evidence
Closing Arguments
Instructions to the Jury
Verdict
Judgment by the Court

12. Trying the Case How are the facts presented?
Testimony – who gets to testify?
Witnesses – some are experts
Direct Examination; Cross-Examination
Introduction of evidence
Exhibits –
All evidence must follow court rules

13. How a case ends? Depends on whether Criminal or civil
Criminal – higher burden of proof
Guilt proved “beyond a reasonable doubt”
Criminal - Sentencing
Pay Money;
Jail < one year – Prison > one year;
Community Service,
Restitution

14. Civil Case Case is decided based on:
“A preponderance of the evidence”
Weighing the evidence
Case decided in favor of one party
Guilty; Not Guilty – NOT USED in CIVIL
Civil Outcomes
Pay money; NEVER jail
Specific Performance – Do something
Injunction – Stop doing something

15. Criminal or Civil Initial appearance No jail time
Decision based on a perponderance of evidence
Guilt beyond a reasonable doubt
Preliminary hearing
Breaks the law
Dispute between two people