Substantive law vs Procedural law
Substantive law: defines individual rights & duties
IE K law, employment law, criminal law
Procedural law: laws that deliberate methods of enforcing the rights established by Substantive law IE litigation, some parts of process of Family law
Criminal vs Civil
Criminal: govt vs someone for a crime designed to protect the society as a whole b.
Civil: individual protects individual rights & enforces individual duties 3.
Cause of Action (COA) – legal reason for suing; a scenario can have multiple COAs 4.
Client law firm initial interview (starting informal fact gathering; informal bc ct isn’t involved yet) – after gathering basic info, then we need to make sure we have winning COA or likely to prevail; & what are the damanges? If there are damages we need to if it’s worth the trouble (if attny fees < or > than damages), is D gonna have $ or assets or not? Attny will take Contingencies/hourly rate(most common)/flat fee next step is Possible Settlement 5.
P is responsible for Summons and Complaint
Summons: a document informing a D that a legal action has been commenced against him/her and that he D must appear in ct on a certain date to ans the P’s complaint. Doc is delivered by a sheriff or any other person so authorized. b.
Complaint: the pleading made by a P alleging wrong doing on the part of the D, doc that when filed w/a ct, initiates lawsuit COA actions, notifies D of COA, what facts fr buss for COA, & notify D of remedies 6.
Service of Process is the formal method of notifying D of lawsuit 7.
Answer: D needs to respond w/answer
Defenses – defense is a theory that will defeat a COA
Counter Claim – if D has reason to sue P
Pleading: a ct doc that sets out a party’s legal position 9.
Motions: a request for a ct order
Period of Discovery: formal fact gathering process (govt involved; enforced). (typically 6months) Judge will set time limit for discovery, can take years. a.
Interrogatories: written questions one party writes to another b.
Request for Production of Docs: responding to a party’s answers c.
Request for Admissions: get party of side to admit
Request for Mental/Physical Exam: if physical is an issue, request exam e.
Deposition: Oral ans and Question period
Facts Analysis Handout Jones’ COA would be employment discrimination based on either race or religion o
What’s Chruch’s mission? White supremacy Org? Ask everyone else the same questions? Who all applies for job? Hiring policies? Qualifications? •
Employment Discrimination Law
1964 effective since 1965; 1st we had on Fed level, Title VII of C.R. Act of 1964 makes it unlawful Employment to discriminate on the basis of Race, Religion, Color, Sex, and National Origin o
MN ch363A (1965) Human Rights Act; statute, all inclusive—prohibits employment discrimination race, religion, marital status, sexual preference, etc. o
Remedies: back pay, attorneys fees (unusual to have this) ct can order employment to pay for P’s attny fees, ct can force company to hire P •
Disparate Treatment: you have as it where ppl are similarly situated and treated diff bc of race/color/gender/etc. •
Disparate Impact: 3 stages in priority discrimination in trial (preponderance of evidence, burden of proof = P) o
Prima Facie of dise – P must create/prove discrimination, presumption of discrimination, P must prove:
he applied for job
job remarried open (position is still in the company)
P must prove P is member of protected category/class
Employer gets opportunity to rebut presumption of discrimination
“articulate a legitimate non-discriminative reason for the business action that was taken” o
P shows pretext – P is given opportunity to show the supposed legit reason is false & only a pretext for the real discrimination reason
P is showing evidence to show pretext was just a cover up of their excuse in stage 3
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