The Process of Preliminary Matters

In
the case of civil

Whether or not there is a legal basis for the lawsuits

Who is available to be sued

Which venue and jurisdiction of the courts is the lawsuit to
be heard

Whether or not the statute of limitations has expired as
dictated by law

Whether there is any administrative agency to must be
consulted before filing the lawsuits

Though some of the preliminary matters in lawsuits seem to be commonplace in
terms of logical procedure, it is important to place particular attention to
the statue of limitations in lawsuits. Statutes of limitations are laws that
provide for certain deadlines or expiration dates for filing lawsuits. Certain
lawsuits must be filed within the allotted time after an event has occurred,
which is considered to be the source of the claim. Statutes of limitations will
vary depending on the nature of the matter at hand, as well as the provisions
provided by state laws. Statutes of limitation will be different depending on
the state. Concurrently, statutes of limitations will also vary on the nature
of the lawsuits. For example, a misdemeanor crime must be prosecuted within two
years that such action was committed. If a person is prosecuted for misdemeanor
crime that occurred five years ago, the lawsuit will be thrown out, for the
statue of limitations have expired, and such an individual can not be
prosecuted for that particular crime. Also, certain legal contracts may also be
subject to statutes of limitation. Preliminary matters can also involve
intensive research to be conducted by the attorneys that is necessary to
determine the best course of action. This may include the research of
applicable laws and provisions, related cases, and the analysis of court rules.
In certain lawsuits, locating witnesses that are crucial to the case may also
be the attorney’s responsibility.

Once the attorney has considered the pertaining appropriate preliminary matters
of lawsuits, then the actual filing of a suit can be carried out, which is
followed by the pleadings state. Barring the case that the parties do not file
for pretrial motions, they
would begin the discovery, which is the process by with each side attempts to
gather as much information as possible regarding the case and the opposition’s
stance. After the review of the facts and evidence rendered by the discovery,
both parties may enter a negotiation for settlement, the court may dismiss the
lawsuit, or trial is set to begin.

How Did You Get Picked for Jury Duty?

In the case that any legal dispute is to enter the litigation process in the courts, both parties are guaranteed the right to a jury trial. A jury is a sworn body of individuals that is gathered by court order for the purpose of rendering an impartial or unbiased verdict. In the case of a trial jury, the jury hears the evidence that is presented by both parties involved in the legal dispute in question.

The judge does not influence the jury to render a decision, however, is involved in the process on the basis that judge may provide for certain instruction or information regarding as to how evidence is to be regarded, or provide for further knowledge in terms of law interpretations. After the claims, arguments, and evidence is presented by both parties, the jury then retires for deliberation, and to render a verdict. All verdicts rendered are contingent to have special considerations such as the decision be unanimous.

However, depending on the court’s jurisdiction, the verdict must be rendered to a majority decision. A jury that does not successfully obtain a majority or unanimous consent on the rendering of a verdict, is considered a hung jury. The number of individuals that comprise a jury will vary, however the most common number tends to be twelve in criminal cases. CivilConstitutional laws of the United StatesSixth Amendment

What are Litigation Pretrial Motions

In the litigation process, once a particular lawsuit has been determined to convene in a formal trial, there are certain options that can be employed by the attorney's of the involved parties before the actual trial takes place. These actions are commonly referred to as pretrial motions. A pretrial motion can be either a document that is filed with the court by one of the participating parties which requests that the court take a specific action.

Pretrial motions essentially provide for the parameters and limits as to which the pending trial is to take place. Pretrial motions can also be made orally directly to the court, and can be issued immediately or denied. Pretrial motions exist in numerous forms, and some can prove to be quite complex. An attorney is most competent to handle the pretrial motions, and an experienced attorney can prove to be a great defense when he/she can employ pretrial motions effectively and adequately.

The list of pretrial motions proves to be quite extensive and lengthy, for some pretrial motions range from general requests to extremely precise motions that require the proper interpretation of a litigation lawyer to use it effectively in a court of law. Some examples of pretrial motions include, but are certainly not limited to:

Motion to Dismiss

Summary Judgment

Excluding of Physical Evidence

Preventing a Witness from Testifying

Exclusion of the Defendant's or Plaintiff's Statements or Confession

Motion to Change Venue

Motion for the Release of Evidence by the Other Party

The first two included in the provided list seem to be among the most commonly employed by attorneys, given the ability to do so under the scope of the law. A motion to dismiss is the request by a specific party to decide that a claim does not have any actual legal remedy under the imposed laws, statutes, and provisions. Even if the claims provided are factual and true, if the basis or nature of claim has no real remedy, a motion to dismiss may be granted by the courts.

A motion to dismiss may also be validate if a claim is filed after the statute of limitations has transpired, which under law, is grounds for dismissal. Furthermore, if a motion to dismiss is granted due to the statute of limitations expiration, the opposing side does not have the right to appeal or provide for evidence to argue the motion to dismiss. A motion to dismiss also has various applications, and will vary depending on the nature of the civil dispute at hand.

A motion for summary judgment entails that a party petitions the court that certain evidence, even if it supports the claims of the opposing party, but also supports the case of party petitioning such motion, to be also considered in the ruling to support the moving party. A motion for summary judgment is typically considered by the courts when the time for discovering evidence is expired.

In other words, the party asking for a motion for summary judgment is used when there is no actual dispute to the material evidence of the case, and therefore, the moving party is entitled to a winning verdict by law. A motion for summary judgment is employed as a way to avoid certain lawsuits from making it to trial, which would prove to be unnecessary.

Different Legal Alternative Assistance

Arbitration

The arbitration method of alternative dispute resolutions has its roots as early as Ancient Greece and Rome. However, its modern application as it exists dates back to English law, with the Arbitration Act of 1697.

The practice of arbitration to help settle dispute between opposing parties has been implemented throughout time, and has proven to a viable method today, particularly with disagreements dealing with international commercial contracts.

With technology being as advanced as it is today, arbitration can even take place online, in which the claim is filed online, and the judgment is reached based upon the documents uploaded by both parties. Arbitration helps disputing parties resolve the disagreement by an impartial third party, with the hopes of avoiding bringing the matter to court.

Mediation

It is not a surprise that mediation has similar roots as arbitration in its relation in law history. Ancient Rome recognized the practice and went as far as delegating the third party mediator an actual title. In some cultures, a mediator was considered a high cultural position with an important function in the society.

Mediators in some ancient civilizations also were tribal chiefs or wise men held in high regard. Mediation is similar to arbitration, but they are not one in the same. The differences are many, but one of the main distinctions is that a mediator does not actively provide for a decision in mediation. The opposing parties themselves are responsible for creating the negotiation and settlement, and the mediator simply facilitates the process.

Summary Jury Trials

Summary jury trials are a relatively new option in terms of alternative dispute resolutions, but are proven to become a more popular avenue explored by disputing parties. The ultimate purpose behind a summary jury trial is to essentially give the involved parties an opportunity to reconsider other alternative dispute resolutions before entering an actual court trial.

A summary jury trial is essentially a mock trial, in which the court proceedings occur as if the matter was being tried in court, but in curtailed and concise fashion. A verdict is rendered by the jury, which is unaware that the proceedings are non-binding. This gives the parties the opportunity to preview how the matter is to be resolved real world situation in a jury trial.

Roles of Paralegals in ADR

Alternative dispute resolutions, for the most part, center around the actual participation of the involved parties in resolving the disagreement for themselves, without having to enter the judicial court system to render a decision. However, that is not to say that the proceedings do not involve legal and technical terms.

The assistance and employment of a paralegal can certainly provide for an advantage throughout the proceedings in ADR, and would prove to be a beneficial consideration for the involved parties. A paralegal has a number of responsibilities or duties in ADR proceedings to the extent that paralegals can strictly specialize their careers in ADR proceedings.

Paralegals help their respective parties understand the legal and technical terms, as well as help draft the necessary materials such as settlements or negotiations, and binding terms.

Evaluation of ADR Techniques

Alternative Dispute Resolutions methods are employed to keep disputes and disagreements between two parties to evaluate whether the matter can be resolved or negotiated outside of the court room.

Therefore, any kind of legal dispute that can be litigated can be subject to alternative dispute resolutions. This may include, but is not limited to, labor relations, insurance matters, business disagreements, family problems, employment, public policy, commercial and industrial trade, and technology matters. However, it is important to be knowledgeable of the ADR techniques and how each functions for certain methods may prove to have better applications in certain fields than others.

Arbitration

The arbitration method of alternative dispute resolutions has its roots as early as Ancient Greece and Rome. However, its modern application as it exists dates back to English law, with the Arbitration Act of 1697.

The practice of arbitration to help settle dispute between opposing parties has been implemented throughout time, and has proven to a viable method today, particularly with disagreements dealing with international commercial contracts.

With technology being as advanced as it is today, arbitration can even take place online, in which the claim is filed online, and the judgment is reached based upon the documents uploaded by both parties. Arbitration helps disputing parties resolve the disagreement by an impartial third party, with the hopes of avoiding bringing the matter to court.

Mediation

It is not a surprise that mediation has similar roots as arbitration in its relation in law history. Ancient Rome recognized the practice and went as far as delegating the third party mediator an actual title. In some cultures, a mediator was considered a high cultural position with an important function in the society. Mediators in some ancient civilizations also were tribal chiefs or wise men held in high regard.

Mediation is similar to arbitration, but they are not one in the same. The differences are many, but one of the main distinctions is that a mediator does not actively provide for a decision in mediation. The opposing parties themselves are responsible for creating the negotiation and settlement, and the mediator simply facilitates the process.

Summary Jury Trials

Summary jury trials are a relatively new option in terms of alternative dispute resolutions, but are proven to become a more popular avenue explored by disputing parties. The ultimate purpose behind a summary jury trial is to essentially give the involved parties an opportunity to reconsider other alternative dispute resolutions before entering an actual court trial.

A summary jury trial is essentially a mock trial, in which the court proceedings occur as if the matter was being tried in court, but in curtailed and concise fashion. A verdict is rendered by the jury, which is unaware that the proceedings are non-binding. This gives the parties the opportunity to preview how the matter is to be resolved real world situation in a jury trial.

Roles of Paralegals in ADR

Alternative dispute resolutions, for the most part, center around the actual participation of the involved parties in resolving the disagreement for themselves, without having to enter the judicial court system to render a decision. However, that is not to say that the proceedings do not involve legal and technical terms. The assistance and employment of a paralegal can certainly provide for an advantage throughout the proceedings in ADR, and would prove to be a beneficial consideration for the involved parties.

A paralegal has a number of responsibilities or duties in ADR proceedings to the extent that paralegals can strictly specialize their careers in ADR proceedings. Paralegals help their respective parties understand the legal and technical terms, as well as help draft the necessary materials such as settlements or negotiations, and binding terms.

Evaluation of ADR Techniques

Alternative Dispute Resolutions methods are employed to keep disputes and disagreements between two parties to evaluate whether the matter can be resolved or negotiated outside of the court room. Therefore, any kind of legal dispute that can be litigated can be subject to alternative dispute resolutions.

This may include, but is not limited to, labor relations, insurance matters, business disagreements, family problems, employment, public policy, commercial and industrial trade, and technology matters. However, it is important to be knowledgeable of the ADR techniques and how each functions for certain methods may prove to have better applications in certain fields than others.

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