How does a case proceed?
Pleadings Stage
A complaint is filed in every kind of case to initiate the pleadings stage. No surprise trials. The complaint outlines the facts and the claim of the plaintiff. A criminal complaint is filed in criminal cases.
Defendent then files a response, usually denying each and every allegation. Sometimes there's a counterclaim, claiming that it was the original plaintiff who caused the damage.
Discovery Stage
This is the most important part for us. This stage prevents trial by ambush. Both sides know everything that each side has. Everything is out in the open.
In a civil case, opposition serves notice of interrogatories. These are questions that must be answered under oath. Then a summons is sent for the purpose of a discovery deposition. Usually in a law office in the presence of a pretrial judge and a court reporter.
You must comply with discovery. Otherwise, you could automatically lose the case. In criminal cases, opposing witnesses are not required to talk to the other side, but they must in civil cases.
No surprise witnesses. That's only on TV. The only exception is a rebuttal witness - when the defendent mentions someone else, that person may be brought as a rebuttal witness.
See Wauchop v Domino's Pizza.
Tom Monaghan refused to appear at a deposition.
(Aside: Monaghan at Montefiori Estate in Lemont. BMW logo - Red Baron von Rickthoven.)
Court ruled that he was just trying to put off the plaintiff and had no real reason not to give the deposition.
Vicarious liability - if you're an employee and acting within the scope of your employment and you negligently cause harm, both you and the employer will be held responsible.
Expert Witnesses
See Cooper Tire & Rubber v Mendez
The expert witness had a theory that was not generally accepted in the scientific community.
You first must qualify an expert witness as an expert. Vanity publishing does not qualify.
Summary Judgment
After discovery, if there are no genuine issues and everyone agrees on the facts, and one side believes that there's no basis in law for the other side, they can ask for a summary judgement.
At the close of a case, the jury gets the case and comes back with a verdict. The judge can change the verdict notwithstanding the jury's determination. But the judge can't change an innocent verdict to guilty in a criminal case.
Juries usually need to be unanimous, but in some states only 10/12 are required. If not unanimous, it's a mistrial and must retry.
Remedy
Money - compensatory damages to put you back in the position you were in before you were damaged.
Punitive damages - punishment of the wrongdoer. Usually only for intentional and egregious behavior. Not usual in auto accidents, unless there's gross negligence, like going 100 mph.
E.g Ford Pinto. Design defect in gas tank. Ford knew about the problem, but didn't do a recall. It was in the company records. Ford had to pay punitive damages.
Nominal damages - for cases "on principle". Award of just $1 is common.
Specific performance - court orders you to perform some action. Common in contract disputes. Courts can't impose "involuntary servitude" in employment law to make one person work for another.
Next week: read ch 3 and 4
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