Stages of Litigation - Part 2 Lecture 4

Jun 12, 2024

Stages of Litigation - Part 2

Introduction

  • Professor Bryant at Fayetteville State University
  • Lecture focus: "Stages of Litigation"
  • Previous lecture: Pleadings and Discovery
  • Current lecture focus: Trial

Key Topics

Motions in Civil Litigation

  • Motions: frequently used in litigation by lawyers
  • Plaintiff's Burden of Proof: Prove by a preponderance of the evidence
    • In civil lawsuits: preponderance of the evidence
    • In criminal lawsuits: beyond a reasonable doubt

Types of Motions

  1. Motion to Dismiss
    • Filed in the defendant's answer
    • Claims the plaintiff's complaint is insufficient to support a legal claim
  2. Motion for Summary Judgment
    • Filed after discovery
    • Asserts that even when viewing evidence in the light most favorable to the plaintiff, no genuine issue of material fact exists
    • Commonly granted in federal court
  3. Motion for Directed Verdict
    • Filed during the trial after the plaintiff rests its case
    • Seeks a ruling in favor of the defendant without going to jury
  4. Post-Trial Motions
    • Motion for New Trial
      • Filed after an unfavorable jury verdict
    • Judgment Notwithstanding the Verdict (JNOV)
      • Filed post-trial for a judgment contrary to the jury's verdict

Rules of Evidence

  • Hearsay Rule
    • Hearsay is inadmissible unless it falls under an exception (simplified for class purposes: no exceptions)
  • Relevancy Rule
    • Evidence must be relevant: not too remote or overly prejudicial
    • Example case: Employment discrimination and past criminal charges

Trial Process

Jury Selection (Voir Dire)

  • Jury Selection Process
    • Random selection of initial jurors by the clerk
  • Types of Challenges
    • Peremptory Challenges: Limited and do not require a reason
    • Cause Challenges: Unlimited and require demonstrating bias or inability to remain impartial
    • Plaintiff and defense both question jurors and use challenges until satisfied

Trial Phases

  1. Opening Statements
    • Lawyers outline what they expect the evidence to show
  2. Examination of Witnesses
    • Direct Examination: Non-leading questions by the party who called the witness
    • Cross-Examination: Leading questions by the opposing party
    • Redirect and Re-cross: Further questioning meant to clarify or challenge testimonies
  3. Closing Statements
    • Persuasive summary aiming to influence the jury's decision
  4. Jury Instructions
    • Judge provides legal guidelines based on the law
    • Example: Stand Your Ground law and first aggressor exception in Zimmerman case
  5. Jury Deliberation and Verdict
    • Jury deliberates based on evidence and instructions

Post-Trial Process

  • Appeals
    • Appeal to higher courts (state or federal depending on the case)
  • Enforcing a Judgment
    • Writ of Execution: Allows for the seizure of assets to satisfy judgments
    • Notice of Exemptions: Protects certain assets from seizure

Conclusion

  • Overview of entire litigation process from initial meeting with a lawyer to potential appeals and judgment enforcement
  • Emphasis on understanding each stage and its importance in the judicial system