GROUP MEMBERS

AMNA FAROOQ BADAR RAHIM KASHIF MEHMOOD HARRIS CHISTI TAHIRA AZAM (GL) ALI GONDAL RAFIA JAVEED

Litigation
Process of maintaining, bringing, defending a lawsuit

The Pretrial Litigation Process

Pleadings
Dismissals

Pretrial

Judgments Settlement conference

Pleadings

Paperwork filed with the court. Initiates and respond to a lawsuit.

Plaintiff/ Applicant
The party who files the lawsuit.

Complaints

The document the plaintiff files with a court. It serves on the defendant to initiate a lawsuit. Contains names of parties to the lawsuit, ultimate facts, law violated and a prayer for relief.

Summons

Issued after the complaint filed. A court order directing defendant to appear in the court and answer the complaint. It is served by sheriff, private process server.

Answer

Filed by defendant in a reply to the plaintiffs complaint. Defendant admits or denies the allegations. Judgment against defendant who admits allegations. Default judgment in case of no answer. Affirmative defenses.

Cross Complaint

Filed by a defendant who believes that he or she has been damaged by plaintiff. In cross complaint defendant sues plaintiff (cross defendant).

Reply

The original plaintiff file a reply to cross complaint.

STATUTE OF LIMITATION
A statute of limitation establishes the period during which a plaintiff must bring a lawsuit against defendant.

INTERVENTION

The act of others to join as parties to an existing lawsuit.

CONSOLIDATION

The act of a court to combine two or more separate lawsuits into on lawsuit.

DISCOVERY

A legal process, during which both parties engage in various activities to discover facts of the case from the other party and witnesses prior to trial. The major forms of discovery follow.

Depositions Interrogatories Production of Documents Physical and Mental Examination

Deposition

Oral testimony given by a party or witness prior to trial. The testimony is given under oath and is transcribed.

Interrogatories

Written questions submitted by one party to another party. The question must be answered in writing a stipulated time.

Production of Documents

Request by one party to another party to produce all documents relevant to the case prior to trial.

Physical and Mental Examination

Upon request of a party, the court may order another party to submit to a physical or mental examination prior to trial.

Dismissals and Pretrial Judgments

Major pretrial motions

Motions for judgment on the pleadings Motion for summary judgment

Settlement conference

THE TRIAL

DEFINITION
The process of bringing, maintaining and defending a lawsuit in the presence of selected jury or judge on the basis of pretrial decisions is called a trial. The judge sits as a trier of facts in non jury trials and parties usually submit the trial briefs to the judge that contain legal support for their side of the case.

PHASES OF TRIAL
Trials are usually divided into five following phases

PHASES OF THE TRIAL

TRIAL

Jury selection

Opening statements

Plaintiffs case

Defendants case

Rebuttal and rejoinder

AFTER THE COMPLETION OF PHASES

CLOSING ARGUMENT JURY INSTRUCTIONS JURY DELIBERATION ENTRY OF JUDGEMENT

Appeal
The act of asking an appellate court to overturn a decision after the trial courts final judgment has been entered.

Appellant:
the appealing party in an appeal also known as petitioner.

Appellee:
the responding party in an appeal. Also known as respondent.

The Appeal
In the civil case, either party can appeal the trial court's decision once a final judgment is entered. In the criminal case only defendant can appeal. A notice of appeal must be filed within a prescribed time after judgment is entered (usually within 60 or 90 days)

Administrative law: Agencies and procedure

Agencies that the legislative branches of federal and state government establish

Alternative dispute resolution:

Methods of resolving disputes other than litigation.

Arbitration:
A selection of third party to hear and decide the dispute.

Arbitration clause:
The require dispute of the contract to e submitted to arbitration.

Mediation:
A form of ADR in which neutral party is selected as mediator.

Conciliation:
A party which choose interested third party as mediator.

Minitrial:
Both side lawyers present their cases to representatives who have authority to settle dispute.

Fact Finding:
The parties hire a neutral person to investigate the dispute.

Judicial Referee:
If the parties agree the court may appoint a judicial referee.