Litigation Course Notes

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  • Topic: Federal Rules of Civil Procedure, Pleading, Service of process
  • Pages : 14 (4709 words )
  • Download(s) : 6
  • Published : December 13, 2012
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1.Substantive law vs Procedural law
a.Substantive law: defines individual rights & duties
IE K law, employment law, criminal law
b.Procedural law: laws that deliberate methods of enforcing the rights established by Substantive law IE litigation, some parts of process of Family law
2.Criminal vs Civil
a.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

a.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

a.Admit Ans
b.Defenses – defense is a theory that will defeat a COA
c.Counter Claim – if D has reason to sue P
8.Pleading: a ct doc that sets out a party’s legal position 9.Motions: a request for a ct order
10.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

d.Request for Mental/Physical Exam: if physical is an issue, request exam e.Deposition: Oral ans and Question period
11.Trial Date
Facts Analysis Handout  Jones’ COA would be employment discrimination based on either race or religion oWhat’s Chruch’s mission? White supremacy Org? Ask everyone else the same questions? Who all applies for job? Hiring policies? Qualifications? •Employment Discrimination Law

o1964 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 oMN ch363A (1965) Human Rights Act; statute, all inclusive—prohibits employment discrimination race, religion, marital status, sexual preference, etc. oRemedies: 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) oPrima Facie of dise – P must create/prove discrimination, presumption of discrimination, P must prove: he applied for job

was qualified
rejected
job remarried open (position is still in the company)
P must prove P is member of protected category/class
oEmployer gets opportunity to rebut presumption of discrimination “articulate a legitimate non-discriminative reason for the business action that was taken” oP 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 Then...
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