A Primer on the Litigation Process

Summary

Professor Angela Upchurch provides an overview of the litigation process, focusing on key phases such as pleadings, discovery, trial, and post-trial motions. She explains the roles of judges and juries, highlighting their respective responsibilities in determining facts and making legal rulings. Through a simplified timeline, she outlines the stages of a lawsuit, from filing the complaint to possible appeals. This primer is designed to help torts students understand how cases progress through the courts, with particular emphasis on the motions that can impact the outcome before and after trial.

Takeaways

• 😀 The video provides an overview of the litigation process, aimed at helping tort students understand how cases unfold in court.
• 😀 Appeals courts primarily review decisions made by trial courts, often critiquing trial judges' rulings.
• 😀 When reading appellate decisions, consider the stage of the litigation (early, mid, or post-trial) and what evidence was available to the trial judge.
• 😀 The first phase of litigation is the pleadings phase, where the plaintiff files a complaint and the defendant files an answer, setting forth claims and defenses.
• 😀 Discovery is a crucial phase where both parties exchange information, including documents, medical exams, witness lists, and testimonies.
• 😀 Trial is where the parties present evidence, cross-examine witnesses, and the jury deliberates to reach a verdict.
• 😀 After a trial, the judge enters a judgment in favor of the winning party, and the parties can execute that judgment or appeal it.
• 😀 The litigation process allows for motions to shortcut the trial, including motions to dismiss and motions for summary judgment.
• 😀 Motions during trial, like the motion for judgment as a matter of law, aim to resolve the case before deliberation by the jury.
• 😀 Post-trial motions include motions for judgment notwithstanding the verdict and motions for a new trial, either seeking a judgment in favor of the moving party or a complete retrial.
• 😀 Judges play multiple roles in litigation, such as ruling on legal matters, instructing the jury, and sometimes acting as factfinders in a bench trial.

Q & A

What is the purpose of the primer video?

The primer video aims to help torts students understand the litigation process and how to read cases with an understanding of how lawsuits unfold in a legal context.

What is an appellate court decision, and how does it differ from a trial court decision?

An appellate court decision reviews the judgment of a trial court or lower appellate courts. While a trial court determines the facts of a case, the appellate court critiques or reviews the trial judge’s decision based on the legal principles involved.

What are the key things to consider when reading appellate court decisions?

When reading appellate court decisions, you should consider the timing of the decision in the litigation process, the information before the trial judge, and the possible outcomes if the appellate court reverses the trial court’s decision.

What is the first phase of the litigation process?

The first phase of the litigation process is the pleadings phase, where the plaintiff files a complaint setting forth the claims against the defendant, and the defendant responds with an answer, asserting defenses or counterclaims.

What happens during the discovery phase of litigation?

During the discovery phase, parties exchange information, including records, files, medical exams, and witness testimonies. This allows both sides to learn more about the case before trial.

What is the role of motions in the litigation process?

Motions allow parties to request decisions from the court during different stages of the litigation process. For example, motions can seek to dismiss a case early, seek summary judgment, or request a judgment during or after trial.

What is a motion to dismiss, and when might it be filed?

A motion to dismiss is filed early in the litigation process, usually before any evidence is presented. It asks the judge to dismiss the case based solely on the pleadings, asserting that the legal claims are insufficient to proceed.

What is the purpose of a motion for summary judgment?

A motion for summary judgment is filed after discovery. It asks the court to make a judgment based on the evidence gathered, arguing that there is no need for a trial because the facts are clear and undisputed.

What are the two key post-trial motions discussed in the video?

The two key post-trial motions are the motion for judgment as a matter of law (asking the court to override the jury's verdict) and the motion for a new trial (asking the court to retry the case due to issues with the original trial).

What are the different roles a judge plays in the litigation process?

A judge serves primarily as the decision-maker on legal questions, ruling on motions and objections, supervising the pleadings and discovery processes, and providing instructions to the jury. In some cases, the judge also acts as the fact-finder, especially in a bench trial.