Business Law, LEB 323, 320F

Slide1 l.jpg
1 / 28
1364 days ago, 487 views
PowerPoint PPT Presentation
9. The round of

Presentation Transcript

Slide 1

Business Law, LEB 323, 320F Syllabus readings in-class practices class investment Discussion powerpoint exam This week : 7/2 : Intro to course and trial technique 7/3am : Common law and statutes/EXERCISE 7/3pm : Constitutional and International law

Slide 2

Business Law, LEB 323, 320F What is law? How does the lawful framework resolve debate? Rules ��  statutes, precedent-based law, directions Is contract substantial? Is this contamination unlawful? Is this assention criminal? See how courts break down these inquiries.

Slide 3

Circuits in the U.S. Government Court System Puerto Rico is a piece of Circuit 1 2 8 3  9  Virgin Islands are a piece of Circuit 3 7 6 10  4 11 D.C. Circuit Washington, D.C. 5 Northern Marianna Islands are a piece of Circuit 9 (alongside Alaska and Hawaii.) Federal Circuit Washington, D.C. Area courts inside every circuit. State court frameworks reflect, or parallel, government framework.

Slide 4

U.S. Preeminent Court State Supreme Court State middle of the road Federal Circuit Court re-appraising court of Appeals State Trial Court Federal District Court (state law matters (federal law matters)

Slide 5

Trials/Litigation U.S.: right to a jury trial Rationale? Part of jury? On adjust, is the privilege to a jury trial something worth being thankful for?

Slide 6

Pretrial Tension between longing to : Save time and cost of suit, Preserve business relationship, and Protect your rights Are there approaches to maintain a strategic distance from the cost and inconvenience of prosecution?

Slide 7

Alternative Dispute Resolution What is "ADR"? In what ways can organizations resolve debate (even lawful question) without depend on prosecution?

Slide 8

Alternative Dispute Resolution Negotiation Parties make offers and counter-offers for settlements. May be up close and personal or through legal counselors. Intercession Neutral individual (go between) endeavors to motivate gatherings to achieve a deliberate settlement. Intercession might be requested by a judge. Middle person does not render a choice. Intervention Neutral individual (mediator) is included. Judge renders a coupling choice. Intervention might be compulsory, if picked ahead of time as the technique for question determination.

Slide 9

Alternative Dispute Resolution (less regular structures) Mini-trial Parties arrange a short trial to a board of three "judges." Two of the "judges" are officials of the questioning enterprises; the third is a nonpartisan gathering. Legal counselors introduce abbreviated cases; "judges" talk about settlement. Outline Jury Trial Initiated and administered by a court. Every side compresses to a deride jury what witnesses would say if called before a genuine jury. Jury thinks and tries to achieve agreement, yet may vote independently if vital. Permits every side to perceive how a trial may turn out.

Slide 10

Steps in Beginning Litigation Pleadings: Papers that start a claim 1. Protestation - Short, plain explanation of the affirmations and the lawful cases. This is "served" or conveyed with a summons. 2a. Reply - A brief answer to the affirmations. 2b. Counter-Claim: If the charged party thinks the denouncing party has added to the issue or has wronged them, they may record a second suit, backward of the first. 2c. Agreed Defenses: reasons why respondent isn't at risk

Slide 11

Steps in Beginning Litigation (cont'd) Reply: Filed by offended party, reacting to respondent's counterclaims or confirmed protections in litigant's answer Example: Suit versus sports bar for wounds managed amid bar-supported session of "human darts"

Slide 12

Sample Pleadings CHRIS P. DANIEL, Plaintiff, v. CHUGGIE'S SPORTS BAR and TERRY MINETOS, Defendants

Slide 13

Sample Pleadings CHRIS P. DANIEL, Plaintiff, v. CHUGGIE'S SPORTS BAR and TERRY MINETOS, Defendants

Slide 14

Sample Pleadings CHRIS P. DANIEL, Plaintiff, v. CHUGGIE'S SPORTS BAR and TERRY MINETOS, Defendants

Slide 15

Sample Pleadings CHRIS P. DANIEL, Plaintiff, v. CHUGGIE'S SPORTS BAR and TERRY MINETOS, Defendants

Slide 16

Sample Pleadings CHRIS P. DANIEL, Plaintiff, v. CHUGGIE'S SPORTS BAR and TERRY MINETOS, Defendants

Slide 17

Sample Pleadings CHRIS P. DANIEL, Plaintiff, v. CHUGGIE'S SPORTS BAR and TERRY MINETOS, Defendants

Slide 18

Sample Pleadings CHRIS P. DANIEL, Plaintiff, v. CHUGGIE'S SPORTS BAR and TERRY MINETOS, Defendants Lists a movement to reject on the pleadings as an AFFIRMATIVE DEFENSE 14. The Defendants affirm that the Plaintiff has neglected to express a reason for activity whereupon help can be allowed. The Defendants deny the Plaintiff is qualified for recoup any entirety from them as harms.

Slide 19

Sample Pleadings CHRIS P. DANIEL, Plaintiff, v. CHUGGIE'S SPORTS BAR and TERRY MINETOS, Defendants Also records other AFFIRMATIVE DEFENSES  15. It is asserted that if there was some carelessness with respect to the Defendants . . . 16. The Defendants affirm that Plaintiff's carelessness was equivalent to or more prominent than the charged carelessness of the Defendants and the Plaintiff in this way can't recoup.

Slide 20

Discovery permits both sides to reveal confirm, empowering a settlement without trial or guaranteeing few amazements amid a trial. Interrogatories - composed inquiries that the other party must reply, under pledge Depositions - meet (under promise) of other gathering or potential witnesses; done by restricting legal advisor Production of Evidence - every side may demand to see the opposite side's proof Medical or Other Examinations

Slide 21

Other Steps Before Trial Pretrial Conference – endeavor by judge to secure settlement or limited issues for trial Summary Judgment - a decision by the court that no trial is vital in light of the fact that there are no fundamental certainties in debate; might be asked for by either side. Last Preparation - if the case is to continue to trial, both sides make a rundown of witnesses and practice questions with their own particular witnesses. Readiness is permitted, however advising the witnesses how to answer is not lawful or moral.

Slide 22

Beginning a Trial Process called voir critical If both sides concur, they may postpone their entitlement to a jury. Jury Selection: 1. Addressing - Each potential legal hearer is addressed, to reveal inclinations. 2. Challenges for Cause - Each side can guarantee any member of the jury demonstrates noteworthy predisposition. 3. Authoritative Challenges - Each legal counselor can reject a predetermined number of members of the jury without expressing a reason. 4. Jury Chosen - 12 attendants and 2 substitutes

Slide 23

Procedural Rules for a Trial Burden of Proof The offended party must persuade the jury that its form of the case is right. In a common case, the verification should be by a dominance of confirmation (which means at any rate somewhat more prone to be valid). In a criminal case, the confirmation required is higher; it must be past a sensible uncertainty . Principles of Evidence Lawyers are permitted to ask just inquiries that are applicable to the case.

Slide 24

The Plaintiff's Case First, Opening Arguments This is a brief outline, given by every side, of the realities they would like to illustrate. Offended party Calls Witnesses Questions to possess witnesses is immediate examination . Legal counselor just makes inquiries with accommodating answers. Respondent Questions Witnesses Questions to contradicting witnesses is round of questioning . Once more, legal advisor makes inquiries with supportive answers. Litigant Moves for Directed Verdict This is requesting that the judge choose that the offended party has no case worth continuing with.

Slide 25

The Defendant's Case Opening Arguments Defendant's opening contentions were displayed before, before the offended party exhibited its case. Litigant Calls Witnesses Questions to claim witnesses is immediate examination . Attorney just makes inquiries with accommodating answers. Offended party Questions Witnesses Questions to restricting witnesses is interrogation . Once more, legal counselor makes inquiries with supportive answers. Shutting Arguments Brief outline, by both sides, encouraging the jury to trust their side of the case.

Slide 26

After Both Sides Rest (Finish) Jury Instructions The judge teaches the jury to assess the case exclusively on the actualities of the confirmation exhibited. On the off chance that the case is affected by a specific lawful assumption, the judge will condense that for the jury. Consultation and Verdict The jury examines the case for whatever length of time that required (anyplace from not exactly a hour to a few weeks). Now and again the jury must be consistent; different times just a larger part (no less than 7) or a 10-2 vote is required.

Slide 27

The Trial is Over… or is it? Movements after the Verdict The washout may ask for a judgment n.o.v. , requesting that the judge upset the decision on a legitimate detail or on a case that the jury disregarded the proof. In the event that the judgment n.o.v. is denied, the losing side may ask for another trial, on similar cases. Offer The response for the washout is to record an advance , a demand for a higher court to inspect the actualities. The claims court may insist the decision, adjust the honor, turn around and remand (send it back to trial) or just switch (upset) the lower court's decision. Settlement At any point, either side may offer to settle the case, even between the decision and the start of a claim.

Slide 28

Trials/Litigation in U.S. Trial Terminology: Plaintiff Defendant Complaint Answer Reply Motion to expel Discovery Trial Summary Judgment Motion for coordinated decision Verdict Judgment Appeal