Lawsuit 2

  • Published on
    22-Jan-2015

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  • 1. A lawsuit is:
    - A process through which disputes are heard and settled.
    - Two parties, a plaintiff and a defendant, enter into a formal contest to persuade an impartial third party to accept their version of the dispute.
2. Examples of complexities in hearing and deciding cases include:
 
- Each side of a story has its own individual complexities.
 
- A judge’s job is to make fair decisions that are accepted by both parties.
3. What are common laws?
- Common Laws were established so that citizens, as well as the courts, had a guide to follow when hearing and deciding rulings on cases.
 
Why do people Sue?
 
- The most common reason people sue one another is over the repayment of a debt.
- Lawsuits also occur in order to determine responsibility between two parties.
4. The parties involved in lawsuits include:
- Plaintiff – The individual who brings the lawsuit to court.
- Defendant – The individual whom which the complaint is being made against.
5. Types of Lawsuits include:
- Civil Law
- Lawsuits held between two parties that typically involve issues concerning contractual agreements, such as money, property rights, divorce, or slander.
- Contractual Law – Lawsuits involving debt collection between two parties. Contractual law can also involve disputes over a service as well.
- Lawsuits Over Tort – This body of law tries to make sense of wrongdoings, which harm the interest of another.
6. Types of Lawsuits cont:
- Criminal Law – Lawsuits held in enforcement of the law.
 - These cases vary based on the law, as well as the state in which the case is in question.
  • Criminal Law cases must meet jurisdictional requirements. Jurisdiction is determined by:
- The Constitution
- General statuses establishing jurisdiction for a level of court
- Specific statuses authorizing the establishment of the court in question
- Statuses creating other courts in the same country that may affect the jurisdiction of the court in question
- Statuses dealing with specific subject matters
7. Court Structure in Texas includes:
- Justice Courts
- County Courts
- District Courts
- Court of Appeals
- Supreme Court
- Court of Criminal Appeals
 
8. What is the process of a lawsuit?
- The Civil Process – Cases concerning Property Disputes, Breach of Contract,Family Matters (such as divorce), Negligence and Personal Injury
- Pre Trial
- The Trial Process
 
- Jury Selection
- Opening Statements
- Presentation of Evidence
- Defense Response
- Closing Arguments
- Jury Deliberation
- Juror Consensus
- Judge’s Decision
9. Can I dispute the court’s ruling?
- Appeal the Outcome – After the ruling in a civil trial, both parties have the right to appeal the court’s decision.
 
- The appeal is usually based on an error made during the trial.
10. If I am being sued for debt, what are my options?
- Make a list of all your debts
- Try to settle outside of court
 
If you are being sued for a debt and do not show up in court, default judgment will most likely occur.
- Default Judgment will usually favor the party suing.
11. Examples of what you can lose from a lawsuit include:
- Garnishment of wages
- Money attained from selling personal property and assets
- Depending on the type of lawsuit, individuals could serve jail time
Examples of individuals/organizations that can be sued include:
 
- Individuals
- Partnerships
- Businesses
- Religious Organizations
12. Why do I need to consider an attorney?
 
- Attorneys have an understanding of the laws, as well as how the law affects you.
- Attorneys have experience representing clients in court and can help you resolve your legal issues.
 
For more information about Lawsuits or to consult with a professional attorney:
 
Contact Allmand & Lee
 
214-884-4176