BUS 415 Week 1 - DQ 2 - 7464

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Wk1 dq 2…Define and describe the different stages of a civil lawsuit. Define and briefly discuss the main differences between the federal court system and the state court system.  

Definition of civil lawsuit- Civil lawsuit is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's.

Description of the different stages in a civil lawsuit:

Demand Letter-The first step in many civil lawsuits is for the lawyer to send a private “demand letter” outlining the victim’s legal claims and harm suffered.
Complaint-If the case is not resolved by a demand letter, or if one is not sent, a “complaint” is filed. The complaint is a written description of the victim’s legal claims against the defendant(s).
Depositions-Once the lawsuit has begun, both sides may require depositions of anyone with relevant information, including the victim and the offender. A deposition is a proceeding in which attorneys can question the victim or witness in person. Interrogatories/Document Requests-Either side may also require the other side to respond to written questions or provide copies of relevant documents. Depositions and interrogatories are often referred to as “discovery.”

Disposition of a Lawsuit

A civil lawsuit will end in one of several ways:

Settlement. Most cases end in a settlement -- an agreement by the victim to dismiss the case in exchange for financial compensation.

Alternative Dispute Resolution. An increasingly popular means to resolve a case is through mediation or arbitration.

Motions. Some cases are dismissed outright by the court because of technical defenses, such as the lawsuit being filed too late or insufficient evidence.

 Trial. If the lawsuit is not resolved, it goes to trial before a jury or a judge. At the trial, the attorneys make opening statements. Generally, the victim testifies, along with any supporting witnesses.

Appellate Review. In a civil case, unlike a criminal case, either side may appeal the verdict and the amount of damages. For an appeal to be successful there generally must have been a legal mistake at the trial.
 

The differences between federal and state courts are defined mainly by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear.

State courts have broad jurisdiction, so the cases individual citizens are most likely to be involved in -- such as robberies, traffic violations, broken contracts, and family disputes -- are usually tried in state courts. The only cases state courts are not allowed to hear are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases. Federal court jurisdiction, by contrast, is limited to the types of cases listed in the Constitution and specifically provided for by Congress.

 

 

Solution Description

Wk1 dq 2…Define and describe the different stages of a civil lawsuit. Define and briefly discuss the main differences between the federal court system and the state court system.  

Definition of civil lawsuit- Civil lawsuit is a civil action brought before a court of law in which a plaintiff, a party who claims to have received damages from a defendant's.

Description of the different stages in a civil lawsuit:

Demand Letter-The first step in many civil lawsuits is for the lawyer to send a private