Law Homework Help
Law Homework Help. 2 student responses
Hello, I need two responses of 100 words each on the below. Do not respond to the professor Courtney topic.
Replies
Anna Cruz
Nov 10, 2020 at 7:46 PM
Hello Prof Topic and classmates,
1. List the steps of a civil litigation (from the filing of a complaint until verdict). Provide a numbered list.
As defined in the e-text “Civil litigation is the process by which courts apply the civil law to resolve disputes between persons concerning property, transactions, and wrongful, injurious conduct.” (Walter, Blanchard, & J, 2006, p. 4). The steps of a civil litigation are as follows:
- The plaintiff files a compliant against the defendant
- File the complaint with a court within the defendant’s jurisdiction
- The defendant files an “answer” to the complaint
- Discovery process
- Motions
- Pretrial conference
- Jury selection
- Trial
- Opening statements
- Presenting evidence
- Final Arguments
- Jury Instruction
- Jury deliberation
- Verdict
2. Why do you suppose judges encourage litigants to try to reach an agreement to resolve their disputes? Is it just to avoid the expense of trial? What other benefits exist?
Aside from the time and cost savings, resolving disputes out of court also allow the parties to have more control over the outcome. Reaching an agreement out of court by using methods such as arbitration and mediation have become more popular because alternative dispute resolution methods “may handle disputes for which there is no cause of action because the parties to ADR are not limited to legal remedies.” (pg. 601).
Anna
References:
Walter, W.H.R.D.B. J. (2006). Litigation and Trial Practice. [VitalSource Bookshelf]. Retrieved from https://online.vitalsource.com/#/books/1111797331/
Courtney Topic
Nov 11, 2020 at 9:20 PM
Good points, Anna. During the “presentation of evidence” phase of the trial, usually you will have plaintiff present his/her case in chief, then the defendant may move for a directed verdict. If that is denied (it often is), the defendant presents his/her case.
It can be quite a process. Often, the judge will require the parties to come up with a timetable for various aspects of the trial. It can be really hard to create – and stick to- that timetable. Especially if the trial spans weeks.
I agree that in some instances, reaching an agreement can be very beneficial to both sides. It’s not always the case (we touched on the downsides last week). But, overall, in my civil business litigation practice, I’ve often found that the parties are able to save money/resources and were able to be a bit more creative in their settlements by reaching a negotiated resolution (whether through mediation or private negotiations). My most successful mediations were ones where both sides wasn’t completely happy – there was a give and take. In those instances, having a mediator- a neutral third party- also helped to push parties across the finish line.
Since we are waiting for others to weigh in, is there one type of ADR you would like to know more about?
-Prof. Topic
Anna Cruz
Nov 12, 2020 at 7:49 PM
Hi Prof Topic,
I appreciate the feedback and your insight on ADR. Yes I’d actually like to know a bit more about arbitration. I don’t know why but when I hear the term “arbitration” is sounds to me like it can be more involved and complicated than mediation would be. I understand the definition provided in the e-text that it’s “a procedure by which parties submit their dispute to another person or tribunal for decision.” (pg. 601). However, it sounds more complicated that mediation where technically someone is interceding and communicating between the disagreeing parties.
Am I far from what actually goes on?
Anna
References: Walter, W.H.R.D.B. J. (2006). Litigation and Trial Practice. [VitalSource Bookshelf]. Retrieved from https://online.vitalsource.com/#/books/1111797331/
Briana Diaz
Nov 13, 2020 at 12:01 AM
Hi Anna,
Robert Ortiz
Nov 13, 2020 at 4:48 PM
Great response Cruz,
You listed all steps in a clear format and mentioned the benefits of having litigants come to an agreement. Great response thank you for your feedback
Juniska Vallejo Pichardo
Nov 13, 2020 at 8:47 PM
Hi Anna,
Celina Huaman
Nov 14, 2020 at 8:39 AM
Good morning Anna,
I hope that you are having a wonderful weekend so far and that everything is going well. I would like to start by stating thank you for being the first one to post this week. Your post was well written and easy to understand. Something that stood out to me was when you stated aside from the time and cost savings, resolving disputes out of court also allows the parties to have more control over the outcome. That was something that I did not think about but very true. They would have more control over the decision and might be able to compromise what they think. Once again thank you for such a well-written post. It is always a pleasure to be able to read your discussion. I hope that you have a wonderful rest of the weekend and stay safe with everything going on around.
Word count: 152
Nicole Galioto
Nov 14, 2020 at 8:57 AM
Hi Anna!
Great job on this week’s discussion. Your steps for civil litigation were good. I enjoyed doing this assignment because the civil litigation process actually includes a lot of information, but by doing a simple break down such as listing the steps, really helps get a better understanding and remember it more. I believe that encouraging litigants to try and reach an agreement before going to trial is mainly to avoid the expense of trial not only for the court but also for the parties. You also made a great point as well.
Briana Diaz
Nov 11, 2020 at 10:06 PM
Hi class,
- List the steps of a civil litigation (from the filing of a complaint until verdict). Provide a numbered list
- Why do you suppose judges encourage litigants to try to reach an agreement to resolve their disputes? Is it just to avoid the expense of trial? What other benefits exist?
1. Complaint must be filed
2. Defendant must be summoned
3. The defendant must answer whether he is guilty or not guilt of the allegations
4. The discovery process must take place where both parties gather evidence to support their claims (case)
5. Trial- where the case is resolved by a jury verdict or by the court.
I think judges encourage the litigants to reach an agreement to resolve their día you’re or disagreements because it will limit the amount of cases that go to trial unnecessarily. Most cases can be solved by simply applying the law. Not only does it save expenses it also saves time and resources.
Courtney Topic
Nov 13, 2020 at 5:11 PM
Great points, Bri. Yes, costs savings and the preservation of party/judicial resources for simply matters may be reasons why a case is ripe for settlement.
There are also cases that statutorily require different forms of ADR (as a way of promoting settlement). Does anyone know what types of cases have to go through court mandated mediation or arbitration in New York or New Jersey (or any other state)?
-Prof. Topic
Courtney Keller
Nov 14, 2020 at 3:13 PM
Hello Bri, Professor and Class,
Bri, great post! That is very true about time and resources. I agree with you with you on that. I think the judges does this process to weed out the cases that are not neccessary for trial. Which makes sense because it not only wastes time for the judges but for the citizens, the court officer, the attorneys and the paralegals.
Professor I wanted to answer your question based upon my knowledge. The types of cases that are court mandated for mediation or arbitration are as follows. I live in the state of New Jersey, so I am going to list upon my state. So the first would be a special civil case with $15,000 or less in dispute. The next would be personal injury cases or cases that are classified as torts. A tort is a civil wrong that is done to result in harm or suffer loss. Torts can include intentional infliction of emotional distress, negligence, financial losses, and injuries.
-Courtney Keller
Word Count: 187
Mediation and arbitration during New Jersey lawsuits. (n.d.). Retrieved November 14, 2020, from https://www.raffandraff.com/2019/08/01/mediation-a…
Juniska Vallejo Pichardo
Nov 13, 2020 at 8:50 PM
Hi Briana,
Nicole Galioto
Nov 14, 2020 at 9:05 AM
Good Morning Briana,
Great post, your steps for civil litigation were very brief, accurate, and important. I had a very similar answer as to why judges encourage litigants to try and reach an agreement to resolve their disputes. I believe mainly it is to avoid expenses, but also like you said that it is to limit the amount of cases that go to trial when they necessarily don’t have to go through the process.
Courtney Keller
Nov 12, 2020 at 3:31 PM
Hello Professor and Class,
List the steps of a civil litigation (from the filing of a complaint until verdict). Provide a numbered list.
- Complaint
- Summons
- Pleadings
- Discovery
- Settlement
- Trial
- Appeal
Why do you suppose judges encourage litigants to try to reach an agreement to resolve their disputes? Is it just to avoid the expense of trial? What other benefits exist?
The reason why judges encourage litigants to try and reach an agreement to resolve their disputes is because you can avoid the expense it costs to go to trial and because all cases are not worthy of going to trial for. Most judges don’t think that all the cases have to go to trial because some can be simple as some can have a lot of discovery or issues. Some can be solved through mediation or arbitration. Arbitration is a form of a dispute resolution. Arbitration is mostly handled outside of the courtroom. The purpose of mediation is for the two parties to try and settle on an agreement for the dispute. If an agreement cannot be resolved then yes a trial will then begin.
-Courtney Keller
Word Count: 223
References:
Walter, W.H.R.D.B. J. (2006). Litigation and Trial Practice. [VitalSource Bookshelf]. Retrieved from https://online.vitalsource.com/#/books/1111797331/
Allison, J. (2014, August 01). Five Ways to Keep Disputes Out of Court. Retrieved November 12, 2020, from https://hbr.org/1990/01/five-ways-to-keep-disputes…
Courtney Topic
Nov 13, 2020 at 5:15 PM
Good points, Courtney. I like that you placed settlement after discovery. It is very common for a settlement to occur at that stage. It can really occur at any point in the process. I once had a case that settled after 15 days of trial. We were nearing expert testimony and probably had a week or so to finish. It tends to depend on what facts emerge or what decisions are made (like a summary judgment determination) at the various stages of a case. But, the largest push for settlement (at least in my experience) has occurred at the close of discovery and usually after receiving a court’s decision on summary judgment paperwork.
-Prof. Topic
Celina Huaman
Nov 14, 2020 at 8:43 AM
Good morning Courtney,
I would like to start by saying something that stood out to me was when you stated the reason why judges encourage litigants to try and reach an agreement to resolve their disputes is that you can avoid the expense it costs to go to trial and because all cases are not worthy of going to trial for. That was something interesting and different. I hadn’t thought about that being a reason. The reason I put was that it saves time. I really liked what our classmate Anna stated that they would have more control. The parties would be able to compromise if they wanted to. Thank you for such a well-written post and always a pleasure to read your work. It is easy to understand but has so much information. Stay safe and have a wonderful rest of the weekend.
Word count: 147
Charlene Clemons-Ruth
Nov 13, 2020 at 3:09 PM
Good Afternoon Professor Topic and Classmates,
Questions:
Address the following:
- List the steps of civil litigation (from the filing of a complaint until verdict). Provide a numbered list.
- Summons is a Complaint that has been entered informing all parties which begin the commencement of the lawsuit
- Service of Process is what is listed above (supra)
- Subpoenas sent out instructing parties to the case of specifics and requirements for appearing
- The jurisdiction over a person or the subject matter to be tried/heard (whoever has the power to act on the matter) where the matter is to be heard is determined
- Preliminary Conference is held by the attorneys and the judge in chambers to discuss possible discrepancies in the trial or process & voir dire questions are discussed for exam
- Jury Selection of potential to hear the trial
- Peremptory Challenge by law allowed to remove jurors that may have a bias or implied bias that affect the outcome of the verdict
- Preliminary Jury Instructions on what they are required to do when reaching a verdict on what was heard
- Opening Statements statement of facts. Show what is claimed or asserted to prove or disprove. The defendant is 1st then the plaintiff is second
- Evidence Submitted to support the claim
- Rebuttal Evidence possibly needed to counter their adversaries evidence
- direct and cross-examinations of the defendant and plaintiff in the action as well as other involved parties
- Expert witness attests to the validity of the claim on an expert level
- Final Arguments are summing up and reiterating the case that was presented whether the defendant or plaintiff’s case
- Rests – satisfied and concludes that the case, evidence, and all other qualifiers presented win in the outcome of the case
- Jury instructions on how they are to decide the case as well as sequestering of the jury
- Jury deliberations are when the jury is sequestered to strongly discuss the case as a whole to determine the final outcome at that time.
- Verdict-Judge receives jury verdict/ then verdict is read announcing how the case was decided
- Why do you suppose judges encourage litigants to try to reach an agreement to resolve their disputes? The court process from complaint to verdict could be both rather lengthy and costly as well. Not to mention VERY time consuming, to say the least.
- Is it just to avoid the expense of trial? No, the above(supra) mentioned variables are a huge determinate as well.
- What other benefits exist? Possibly less stress and an earlier monetary settlement being reached. That always works too.
References
Walter, W.H.R.D.B. J. (2006). Litigation and Trial Practice. [VitalSource Bookshelf]. Retrieved from https://online.vitalsource.com/#/books/1111797331/
https://online.vitalsource.com/#/books/1111797331/pageid/96
word count ( 442 )
Charlene E. Clemons-Ruth
Robert Ortiz
Nov 13, 2020 at 4:28 PM
Great response Ruth,
Charlene Clemons-Ruth
Nov 13, 2020 at 9:28 PM
God Evening Robert,
It’s Charlene E. I don’t know I feel it’s all situational. Some things are worth fighting for..
🙂
Charlene E. Clemons-Ruth
Iza Gumbs
Nov 13, 2020 at 8:37 PM
Hi Charlene,
I liked how hour post was very detailed about the steps of civil litigation. Less stress could be a possible benefit as to why judges encourage litigants to try to reach an agreement to resolve their disputes. Due to that it is a faster process it would be convenient for both parties. I hope you have a great weekend.
Iza Gumbs
Charlene Clemons-Ruth
Nov 13, 2020 at 9:31 PM
Hey Iza,
WONDERFUL as a matter of fact. It’s
confirmation and affirmation of the forces to be reckoned with 🙂
Charlene E.
Robert Ortiz
Nov 13, 2020 at 4:22 PM
Hello Professor,
- Pleadings
- Discovery
- Trial
- Possibly appeal
Why do you suppose judges encourage litigants to try to reach an agreement to resolve their disputes? To avoid the expense and delay of having a trial, judges encourage the litigants to try to reach an agreement resolving their dispute. … If the parties waive their right to a jury, then a judge without a jury will hear the case.
Is it just to avoid the expense of trial? What other benefits exist?
- Save time
- Save money
- Increase control over the process and the outcome
- Preserve relationships
- Increase satisfaction
- Improve Attorney-client relationship.
Iza Gumbs
Nov 13, 2020 at 8:45 PM
Hi Robert,
Just letting you know that verdict is missing from your list of steps.I like how you mentioned preserve relationships as a benefit because when you take a family member or spouse to court it can put a heavy strain on the relationship. Eventually it would cause rivals. Where as if they have the option to reason through meditation it could end up differently and less rivals. You listed some great benefits. I hope you have a great weekend.
Iza Gumbs
Word Count 85
Iza Gumbs
Nov 13, 2020 at 8:22 PM
Good day Professor and Classmates,
List the steps of a civil litigation (from the filing of a complaint until verdict). Provide a numbered list.
• Pleadings- this is where the plaintiff and the defendant explain their side of their stories. The defendant would file a resolution to the complaint. Pleadings are written to inform both parties that the court would decide who is right.
• Discovery is the next step which helps both parties to strengthen their case but getting evidence that is valid. This also allows each party to know what information will be used against them in trial. A motion can be filed during or after the discovery to ask the court to rule or act. Also a motion can be used to dismiss or amend anything pertaining to the case.
• Trial would be next if after the discovery ended and the dispute is not resolved. Each party presents thier case to the judge.
• A verdict is made by either the judge or juror. The verdict is a decision made to rule in favor of one party. If the other party is not satisfied with the results the party can request an appeal.
Why do you suppose judges encourage litigants to try to reach an agreement to resolve their disputes? Is it just to avoid the expense of trial? What other benefits exist?
Litigants are encouraged by judges to try to reach an agreement to resolve their disputes to avoid expenses and delays of trial. There are other benefits such as having control over the outcome, it is faster and more flexible rules than the court.
Reference
https://www.americanbar.org/groups/dispute_resolut…
https://www.torhoermanlaw.com/civil-lawsuit-proces…
Iza Gumbs
Word Count 277
Iza Gumbs
Nov 13, 2020 at 8:26 PM
I just realized that it was supposed to be a numbered list and I accidentally did bulletin points, my apologies.
Juniska Vallejo Pichardo
Nov 13, 2020 at 8:43 PM
Address the following:
- List the steps of a civil litigation (from the filing of a complaint until verdict). Provide a numbered list.
1.Plaintiff files a complaint, then the plaintiff pays the filing fee or if unable to pay it can request in forma pauperis.
2.Discovery process; where litigants provide information to each other about the case.
3.Deposition; requires a witness to answer questions about the case before the trial.
4.Possible dispute resolution; designed to produce a resolution of a dispute without the need for trial or other court proceedings.
5.Settlement or
6.Trial
7.Closing; in a jury trial, the judge explains the law relevant to the case and the decisions the jury needs to make.
- Why do you suppose judges encourage litigants to try to reach an agreement to resolve their disputes? Is it just to avoid the expense of trial? What other benefits exist?
Disputing parties may avoid the substantial monetary lists and expenses, it may simultaneously save valuable time and effort through avoiding a protected trial and post trial proceedings, judges can use the time and resources they would otherwise have to expend on disputed matters to accomplish other objectives and to expedite the adjudication of those controversies that cannot be mediated, an additional benefit to mediation is that it may be used effectively at any time to resolve disputes and mediator can serve time, expense and uncertainty for both sides by suggesting a solution to avoid the further expenses and unpredictability of an appeal.
References
Alternative Dispute Resolution: Which Method Is Best For Your Client. (n.d.). Retrieved November 14, 2020, from https://corporate.findlaw.com/litigation-disputes/…
Civil Cases. (n.d.). Retrieved November 14, 2020, from https://www.uscourts.gov/about-federal-courts/type…
-Juniska 252
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Samuel Ajayi
Nov 14, 2020 at 6:47 AM
The resources on a case that is shut and close won’t be necessary which is a good thing that judges encourage litigants to reach an agreement. So with that time won’t be wasted and the time of those in court won’t be wasted. Also, you can add the appeal in case the parties in the case don’t like the outcome of the court case.
Denise Brooks
Nov 13, 2020 at 11:31 PM
Hello Professor: C. Topic & Classmates;
Week 10 Discussion
- List the steps of a civil litigation (from the filing of a complaint until verdict). Provide a numbered list.
a). Filing a Complaint
b). Summons
c). Service of process
d). Responsive pleading
e). Discovery
f). Taking it to trail
Cited: e-text book Chapter 1 page 54/
thedoylelawoffices.com/civil-litigation-a-roadmap-to-trail-in-nc-civil-court
2. Why do you suppose judges encourage litigants to try to reach an agreement to resolve their disputes? Is it just to avoid the expense of trial? What other benefits exist?
To save with the cost expense for court case, lawyers fees, court fees. Travel and work among each other of a given time frame to pay for damages between each other as agreed, without the Judges settling their decision on the matter of their judgement. The litigants benefits by not having to go back and forth to court if they have had an ongoing case for a period of time of two years. Judges encourage the litigants to try to reach an agreement by resolving their dispute of differences. Parties benefit from not being exposed by the Judge of inadmissible information whereas there is not enough evidence to see the case as being relevant towards the judge, so there will be no need for trial and more less to have a chance for a court appearance or other court proceedings. Where the litigants will have no chance, and will have more of a chance by settle the disputes with other partie instead.
Cited: www.uscourts.gov/aites/defaut/files/19-cv-99
Word Count: 259
~Denise N. Brooks
Samuel Ajayi
Nov 14, 2020 at 6:43 AM
It’s important that a judge will encourage litigants to reach an agreement because of the cost of the case extending for a long period of time. Also if this is a shut and close case there is no point in wasting everyone’s time in the courtroom.
Samuel Ajayi
Nov 14, 2020 at 6:42 AM
1. Pleadings the plaintiff files a complaint that is then delivered to the defendants.
2. Discovery this is when the plaintiff and defendant will question facts and questions related to the case.
3. Trial during this stage both parties present their evidence and claims before the court.
4. Appeal this occurs if either party is not satisfied with the outcome of the case which will lead to a higher court to review the case.
A judge will encourage litigants to reach an agreement to resolve their disputes so that they won’t have to pay more expenses for their case. Also with this the delay of having a trial which won’t be necessary for certain cases that will happen. Other benefits will be that the two parties can come to an agreement which is good for both parties and the case won’t have to keep going for a long period of time for no reason and in the end, everyone is happy.
Source: https://www.fortheinjured.com/blog/basic-steps-in-civil-lawsuit/
https://www.uscourts.gov/about-federal-courts/types-cases/civil-cases#:~:text=To%20avoid%20the%20expense%20and,an%20agreement%20resolving%20their%20dispute.&text=If%20the%20parties%20waive%20their,jury%20will%20hear%20the%20case.
Celina Huaman
Nov 14, 2020 at 8:33 AM
Good afternoon Professor and classmates,
I hope that all is well and that everyone is having a wonderful week so far. Now onto this week’s discussion
List the steps of civil litigation (from the filing of a complaint until verdict). Provide a numbered list.
There are four common steps that you take which are as following
- Pleadings
- Discovery
- Trial
- Appeal
The pleading is the initial step in the civil lawsuit. Each side, or party, will file paperwork, in the right court, to explain their side of the story. The person bringing on the lawsuit, or plaintiff, will file a complaint. The person being alleged of wrongdoing, or defendant, will file an answer.Your case must be filed in an appropriate court based on proximity to where the incident in question occurred or where the parties are located. In most cases, the lawsuit must be tried in the same district in which the incident in question occurred. Discovery is a process in which both parties begin to obtain information to help strengthen their arguments. The theory of broad rights of discovery is that both the plaintiff and defendant will enter the trial with as much information as possible to make their case. Discovery is generally the longest part of the civil litigation process. Discovery begins after all pleadings have been filed and do not end until shortly before the trial. At the trial, both the plaintiff and the defense will present their arguments to either a judge or jury. Trials involving a judge and no jury are referred to as bench trials. If the trial is set to be decided by a jury, both parties help make juror selections through a pre-trial process of potential-juror interviews called a voir dire.If a party does not agree with the result of the trial, they can appeal the decision. If a decision is appealed, then the civil lawsuit is presented to an appellate court that reviews the previous proceedings of the lawsuit.
Why do you suppose judges encourage litigants to try to reach an agreement to resolve their disputes? Is it just to avoid the expense of trial? What other benefits exist?
I believe that the judge encourages litigants to try and reach an agreement to resolve their disputes because of the long process. It would save both parties time and they would not have to go through the whole steps. It is also to avoid the expenses of a trial and everything that comes with it. It becomes very difficult to keep up and make sure that everything is correct. One wrong move and the whole case can go the complete opposite direction. It is always important to understand the steps and what is going on in the case.
I hope that everyone has a wonderful weekend and stays safe with everything going on around. I am looking forward to reading your discussion post and seeing what some other benefits are. I am always learning and seeing things in different perspectives when looking at the discussion post.
Word count: 508
References:
https://www.stoel.com/legal-insights/article/how-does-a-lawsuit-work-basic-steps-in-the-civil-litigation-process#:~:text=Civil%20lawsuits%20generally%20proceed%20through,another%20alternative%20to%20a%20trial.
Nicole Galioto
Nov 14, 2020 at 8:48 AM
Good Morning Everyone,
Based off the information provided from the source, (Civil Cases. (n.d.), these are the steps of Civil Litigation.
- Plaintiff files a complaint with the court and serves a copy to the defendant. “To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant.” (Civil Cases, (n.d.))
- Gather all “discovery” or evidence. “There may be “discovery,” where the litigants must provide information to each other about the case, such as the identity of witnesses and copies of any documents related to the case.” (Civil Cases, (n.d.))
- File requests or motions “Each side also may file requests, or “motions,” with the court seeking rulings on the discovery of evidence, or on the procedures to be followed at trial.” (Civil Cases, [n.d.])
- Possible agreement “The courts encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, designed to produce a resolution of a dispute without the need for trial or other court proceedings.” (Civil Cases, [n.d.])
- If no agreement, prepare for trial. “Absent a settlement, the court will schedule a trial.” (Civil Cases, [n.d.])
- Begin Trial, opening statements for each side, presentation of admissible evidence such as witnesses, etc.
- After both sides have completed having their evidence heard, closing arguments are given
- Judge will explain the law and jury must decide verdict of defendant
References: Civil Cases. (n.d.). Retrieved November 11, 2020, from https://www.uscourts.gov/about-federal-courts/types-cases/civil-cases
2. I do believe that Judges may encourage litigants to try and reach an agreement to resolve their disputes to try to avoid the expense of trial, but for both the courts and the parties. It also may be a case that is not worth a long lengthy trial and before going through that, they want to give the parties a chance to try and resolve. “Courts and lawyers are showing increased interest in alternative dispute resolution, some- times called ADR. It is useful when both parties want to conclude the dispute as quickly and economically as possible.” (Walter, William Hart; Roderick D. Blanchard; J. Litigation and Trial Practice., 2006, page 550)
Walter, William Hart; Roderick D. Blanchard; J. Litigation and Trial Practice. Cengage Learning US, 2006. [VitalSource Bookshelf].
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