Summary Slide

• Trial Procedures• Alternative Dispute Resolution• PLEADINGS• Writing a Complaint• Methods of Discovery• Interrogatories• deposition• Pretrial hearing

Summary Slide (cont.)

• Jury Selection• Jury duty• Eligibility for Jury Duty• The Litigation Process• Opening statements

Trial Procedures

Chapter 2.2

Alternative Dispute Resolution

• MEDIATION

• ARBITRATION

• MED-ARB

• ADR VIDEO CLIP

The Litigation Process

PLEADINGS

CIVIL VS CRIMINAL

• CIVIL• Offense against an

individual• Compensation

– $ reward

• CRIMINAL• Offense against

society• Punishment

– Jail time

PLEADINGS

• Papers filed with the court by the plaintiff & defendant. – Complaint

• Filed by plaintiff

– Answer• Response by the defendant

• IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND• JOHN RUNDLETT, INC - Plaintiff Donald POSNER - Defendant * * * * *          CASE NO. 24-C-02-00380* * * * * * * * * * * *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * COMPLAINT•

      Plaintiff, John Rundlett, by his undersigned counsel, sues Defendant Donald Posner and, in support, states as follows:

•COUNT I: NEGLIGENCE

• Plaintiff John Rundlett is a resident of Baltimore City, Maryland. • Defendant Donald Posner is a resident of Anne Arundel County, Maryland. • On or about March 10, 2001, Bosley was operating a Bobcat backhoe (“the Bobcat”) on his property at 644 Snail

Drive in Glen Burnie, Maryland. • The Bobcat was stuck and Bosley was unable to move it forward. Bosley called to Plaintiff to ask him for assistance.

Plaintiff surveyed the land on which the Bobcat sat and was unable to determine why the Bobcat was stuck. • Plaintiff began to walk back to his property. Moments later, the Defendant, operating the Bobcat in a negligent and

careless manner, hit the Plaintiff without warning, pining him up against an automobile, causing Plaintiff severe injury.

• At all times herein mentioned, Plaintiff was acting in a reasonable, prudent manner. • It was the duty of the Defendant to use due care to watch where he was driving, to maintain a proper lookout, to

reduce speed to avoid an accident, to maintain a proper distance between his vehicle and the Plaintiff, and to control his vehicle in order to avoid a collision.

• Defendant breached that duty of due care by failing to use due care by watching where he was driving, failing to maintain a proper lookout, failing to reduce speed to avoid an accident, failing to maintain a proper distance between his vehicle and the Plaintiff, and failing to control his vehicle in order to avoid a collision with Plaintiff.

• As a direct and proximate result of the negligence of the Defendant, Plaintiff has suffered physical injuries and mental anguish. Plaintiff has incurred expenses for medical care and treatment, medicines, nursing services, physical therapy, and other types of medical related attention. Plaintiff also has lost wages and will continue to lose such wages in the future. Plaintiff continues to suffer physical pain and discomfort from this accident, including a broken wrist that will not heal and two herniated discs at C4-C5 and C5-C6 that will require surgery. All the above damages were directly and proximately caused by the aforementioned negligence of the Defendant and were incurred without contributory negligence or assumption of the risk on the part of the Plaintiff. Plaintiff also did not have the opportunity to avoid this accident.

•      WHEREFORE, the Plaintiff demands judgment against the Defendant for TWO MILLION DOLLARS ($2,000,000.00) plus interests and costs for Count I of Plaintiff’s Complaint.

•  • DEMAND FOR JURY TRIAL•

Plaintiff demands a trial by jury.•

•   Respectfully submitted,• MILLER & ZOIS, LLC

Writing a Complaint

Methods of Discovery

• Why do we have methods of discovery?

• Depositions – info outside court

• Interrogatories- written ?’s

• Request for documents and evidence

Case Settled or goes to trial

Introduction of Evidence

DOCUMENTS –contracts, sales slips, letters,

• PHYSICAL OBJECTS-weapons,

photos, items from a crime scene

• WITTNESS TESTIMONY-

Interrogatories

• set of questions

Example

• "state the name, address,

and telephone number of

each person that witnessed the incident,"

• "state the amount that you admit you owe and describe and explain in detail your basis for calculating that amount." 

Sample interrogatories

Example

• a)      If you filed the Complaint state precisely the classification of the cause of action being filed, a brief factual outline of the case including your contentions as to what the other party or parties did or failed to do, and a succinct statement of the legal issues in the case. If you have asserted defenses, provide a detailed factual basis for the defense or defenses you have asserted.

• Sample response: This is a personal injury case.  Defendant, John Tortfeasor, ran into my car from the rear while I was stopped at the traffic light at Jones Bridge Road at its intersection with Old Milton Parkway.  

deposition

• Sample deposition

Jury Selection

• Juries – determine facts of the case & apply law

Questions about jury duty

• How was I selected to serve jury duty?• Why should I serve jury duty?• How many jurors are selected? 6-8 for civil, 12-14 for criminalWhat if I don’t show up for jury duty?

contempt of court (fine $100 up to 3 days in jail)What should I wear?

business attireWill I be paid?Yes, $30 a day

• Name is randomly drawn

• A juror qualification sheet will be sent out

• Report to court house

• Info about case

• Sworn in

• Answer ‘s

• Jury is selected

Jury duty

• Sample Questionaire

Jury Exemptions

• Must be employed on a full time basis as a :Public official of the United States, state, or local government who is elected to public office or directly appointed by one elected to office.

• Must be a member of any governmental police or regular fire dept. (not including volunteer or non-governmental departments).

• Must be a member in active service of the Armed Forces of the United States.

GROUNDS FOR PERMANENT EXCUSE

• Must be over 70 and requesting to be excused. • Must have a current doctor's statement stating that you are

unable to serve. • Must have served as a juror in the Federal Court within the

past 2 years. • Must care for 1 or more children under the age of 10

whose health and/or safety would be jeopardized by their absence for jury service, or a person who is essential to the care of aged or infirm persons and does NOT work outside the home.

• Must be a sole owner/proprietor of a business with no employees where an absence would cause the business to close.

• Must be a volunteer firefighter, rescue squad member, or ambulance crew

Eligibility for Jury Duty

• In order to be eligible for jury duty, you must be:

• • A citizen of the United States

• At least 18 years of age

• A resident of the county in which you are to serve as a juror

• Able to communicate in English

– Not suffering from a physical or mental disability that prevents you from performing your duties as a juror in a satisfactory manner

• Not a person who has had your right to vote revoked and not yet reinstated as the result of a felony conviction • Not a law enforcement officer, • if the trial is for a criminal case

The Litigation Process

Pretrial hearing

• Informal meeting before a judge

• Tries to get the parties to reach an agreement before it goes to trial.

OPENING STATEMENT

Opening Statement -Plaintiff

Opening Statement - Defendant

Opening statements

• Info to the jurors – Stating what they intend to prove

News report outlining opening statements

OPENING STATEMENTS

the most crucial part of the trial

• - After opening statements, a case unfolds in bits and pieces and not necessarily in any organized manner

• - research shows that many jurors form strong opinions after opening statements and interpret all of the subsequent evidence in light of those initial impressions

• - prepare an opening statement that virtually cripples the opposition

• - opening statements give an overview of what you expect to show through the witnesses and other evidence that will be introduced during the trial

Goals of Opening Statements

• introduce the case theme to the court and jury

• Put the story in a compact package so that the jury will be able to get a bird's-eye view and better comprehend and appreciate the issues and the evidence.

• to make the disjointed evidence make sense

Goals of Opening Statements

• Establish rapport with court & jury– Get the jury to identify with your cause

• Lawyers need to be– Sincere, honest, understanding, intelligent,

dependable, considerate, warm, kind, friendly

Goals of opening statements

• Intro

• Body

• Conclusion

Goals of Opening statements

• It’s a statement NOT an argument

• BAD: Mr. Hare negligently drove at an excessive speed.

• GOOD: The speedometer read seventy-three miles per hour, and Mr. Hare was traveling in a fifty-mile per hour speed zone.

• Only state FACTS!

Opening Statement

• INTRODUCTION– Case theme

– Summary of facts

– Enthusiasm for trying case

Sample Themes

• This is a case about taking chances• This is a case about a company that

refuses to business the American way.• Everything that happened here happened

because of greed• This is a case about police brutality• This is a case about an innocent man

wrongly accused.• Greed and misfortune led us here today

Explain the key issues

• "Ladies and gentlemen, this lawsuit was filed because the defendant's car was following too closely behind the car of Mary Jane Fox, the plaintiff. The defendant, Mr. Hare, was not paying attention to the traffic ahead of him. As a result, Mary Jane was hit from behind by Mr. Hare. She suffered a broken and separated leg, and she will have this injury for the rest of her life."

Key Persons are introduced• Personalize your client• If prosecution – personalize the people of the state and the need for societal safety

• "May Fox is an elementary school teacher. Before November 22, 1986, she was a very healthy young woman, twenty-eight years of age. She had been teaching at Pelham Elementary School for six years. Mary Jane is married and the mother of one three-year-old son, Jason. She enjoyed jogging, bicycling, and tennis. Never during the course of any of these activities did she have any trouble with her leg. It was only after that fateful day when Mr. Jones sped through a red light three days before Thanksgiving in 1986 that Mary Jane was left paraplegic and unable to enjoy her previous life, and unable to provide her son with a brother or sister."

Body of Opening Statement• MOST OF THE INFO HERE!!• - set the scene of the factual incidents• - describe the instruments of the liability or crime

(gun, car, sexual language, etc.)• - provide the date, time, and weather if important to

your case• - reiterate your theme and link it to the issue of your

case• - then tell your best story of what happened (based on

what the evid. will show)• - use vivid language when telling the story--make it

real for the jury• - state the legal elements to be proven (go to the law

library to find this)

Opening Statements

conclusion• - simply and directly reiterate your top

facts and state that the truth will show a verdict for your client.

The Litigation Process

Introduction of Evidence

• List possible types of evidence that could be presented in a trial.

Introduction of Evidence

DOCUMENTS –contracts, sales slips, letters,

• PHYSICAL OBJECTS-weapons,

photos, items from a crime scene

• WITTNESS TESTIMONY-

Closing Arguments

• Each attorney summarizes the evidence

• suggests reasons why the judge or jury should find in favor of his or her client.

Instructions to jury

• The judge must explain the law to the jury

Verdict & Judgment

• Verdict–Decision by juryWe the jury, find you guilty on all charges.

• judgment, –Judge’s decision in the case.

Civil vs Criminal

• CIVIL• Offense against

indiviudal• 6-8 Jurors• Liable or not Liable• NO POLICE• NO JAIL• Remedy the problem

• CRIMINAL• Offense against

society• 12-14 Jurors• Guilty or Not Guilty• Police Arrest you• Possible Jail• Punish the offender

RemediesThe payment of

damagesAn equitable

remedy

Specific performance

fulfill promiseInjunction

prevent

Criminal Trial Procedure

• Arrest– Deprived of Freedom

• Occurs with or w/o a warrant

• Read Miranda rights

Criminal Trial Procedure

• Rights of the defendant– Miranda Rights

• What crime• Names of officers

– Phone Call– May be released on bail

• $ left with court

Miranda Rights

•WARNING OF RIGHTS• 1. You have the right to remain silent and refuse to answer questions.

Do you understand?2. Anything you do say may be used against you in a court of law. Do you understand?3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?

Search & Seizure

With Warrant• Person, car, house

– Limited area on warrant

• Otherwise obtain permission

W/out Warrant• When arrested

– Limited search• Believe a weapon is on you

(Frisk)• Believe car contains

something illegal• Plainview• Probable cause• School officials

Search & Seizure

• School Officials– May search students w/o warrant

Answer the following Questions

• What is an Information? – pg 45

• What is the purpose of the Grand Jury? Pg 45

• Notes over Arraignments

• Identify Trial procedures in Fracture.

Arraignment

• Informed of complaint & Rights• Judge dismisses or goes to trial• Prosecutor prepares information (charges)• Preliminary Hearing

– Evidence & witnesses– Grand Jury decides whether person will stand trial– Indictment issued

• Arraignment - To Court after arrest– Read indictment– Plead guilty or not guilty

• Sentencing or trial

Preliminary Hearing• Grand jury

– Hears evidence & testimony– If Crime has been committed

– Issue indictment (Written accusation)

• Arraignment– Read indictment– Pleads guilty or not guilty– Informed of rights

GUILTY NOT GUILTY

SENTENCED TRIAL

Person is still not guilty.

The Trial

• Jurors are selected

• Opening statements,

• Introduce evidence

• Closing statements

• Jury instructions, announces decision

• If guilty, judge imposes sentence

Sentencing

CRIME

Judge decides punishment

FinesImprisonment

Death

Punishments

• FINES – Pmt of $• IMPRISONMENT –

– Indeterminate or definite – Mandatory sentence (not altered)

• DEATH PENALTY– Three Phases

• Jury determines guilt• Punishment decided• Appeal taken to state’s highest court

Floyd County Court• Floyd County Court• Floyd County Court hears class "D" felonies,

misdemeanors, infractions, and certain violations of local ordinances. Floyd County Court hears contract, tort and landlord/tenant cases with a jurisdictional limit of $10,000 and small claims filings under $3,000. Floyd County Court is one of only four County Courts remaining in Indiana

Floyd Superior Court

• Floyd Superior Court serves the public by providing a fair, accessible, effective and responsive forum to decide civil, criminal and other legal matters with the objective of resolving conflicts efficiently while maintaining confidence in the judiciary and enhancing community values.

Floyd Circuit Court

• Indiana's Fifty-second Judicial Circuit,

• The Floyd Circuit Court has original jurisdiction to preside over all civil and criminal cases.

• The Floyd Circuit Court has exclusive jurisdiction

in Floyd County over all probate/estate, trust and juvenile cases.

Juvenile Cases

• 1. Detention hearing• 2. investigation• 3. adjudicatory

hearing– ? Youth & parents,

witnesses, advice from probation officer

• Take action or dispositional hearing

Action taken in juvenile case

• Return home/ probation /

• Foster Home

• Training or reform school

• Or pay $

Sentenced with rehabilitation in mind