Litigation

Litigation:  Resolution of disputes through the court system

Civil Litigation:  Resolution of disputes between private parties through the court system

Sources of Law

Statutes:  laws enacted by state or federal legislatures that govern substantive and legal rights and principles, as well as procedural rules. In some instances statutes are referred to as codes.

Court Cases:   decisions of the courts interpreting the law. Once a decision has been made, the court will generally write an opinion.

Constitutions:  The federal Constitution is the highest law of the land. In addition to the United States Constitution, each of the 50 states has its own constitution.

Litigation Process

Litigation begins when the aggrieved party files a complaint in the appropriate court.

The aggrieved party is called the plaintiff.

The party whom the complaint is filed against is called the defendant.

Complaint

Documents filed by an aggrieved party to commence litigation.

The complaint is always filed in the trial court.

Under the California court system, the superior court is the trial court.

The superior court hears unlimited general matters and also limited civil cases.

Limited Civil Cases

Limited civil cases means that the court only has the power to hear and decide limited types of cases.

A limited civil case may be brought in the small claims division. The small claims division hears matters involving less than $5,000 in dispute. CCP §116.20.

Summons

Notice accompanying the complaint that commands the defendant to appear and defend against the action within a certain period of time.

Appeal

If a party loses in the trial court, that party has an automatic right to appeal to the next highest court.

In California, the party appeals municipal court decisions to the appellate division of the Superior Court.

Appeals from Superior Courts go to the Courts of Appeal for the appropriate district in which the lower court sits.

If a party loses in the appellate court, the losing party may petition the Supreme Court for review. The Supreme Court is the highest court in the California court system.

California State Court System

The Federal Court System

Default

Failure of a party to respond to the pleading of the opposing party

Path of a Litigation Case

Remedies

When a party brings a civil action, the party must request some relief or remedy from the court. Remedies may be divided into two categories: legal and equitable.

The most common legal remedy is money damages.

Compensatory damages are all those damages that ‘‘compensate’’ the injured party, including damages that directly flow from the injury or breach.

Punitive damages, also called exemplary damages, are meant to ‘‘punish’’ the wrongdoer for his or her conduct. Such damages may be awarded in addition to the compensatory damages.

Equitable Remedy

Relief requested from defendant that is usually designed to prevent some future harm.

Key Ethical Guidelines

Keep confidential all client communications

Avoid all conflicts of interest

Do not communicate directly with an adverse party who is represented by counsel

Always identify yourself as a paralegal

Privileged

Rules providing that certain communications are inadmissible because the communications are deemed confidential

Conflict of Interest

When two or more parties with adverse interests are represented by the same counsel

*The material is taken from an online class.  This is not for sale.  Students struggling with paralegal class can use the information only for research and educational purposes.