University:
Indiana University Bloomington
Course:
Financial and Managerial Accounting: Information for Decisions - John J. Wild
Academic year:

2024
Views:

471

Pages:

3
Author:

bratrochanter

Summary: The Resolution of Private Disputes (Continued) 1. Pretrial Conference: • • A discretionary or mandatory meeting where the judge and attorneys streamline trial issues. Encourages settlement; unresolved issues are formalized in a binding pretrial order. 2. Trial Process: • • Bench Trial: Judge determines facts and law. Jury Trial: Jury decides facts; judge oversees legal questions. Steps: o o o Voir Dire: Selection of impartial jurors. Attorneys use peremptory challenges or challenges for cause. Opening Statements: Each side outlines its case. Case-in-Chief:  Plaintiff and defense present evidence (e.g., documents, depositions, witnesses).  Examination Types: Direct, cross, redirect, and recross.  Expert Testimony: Experts provide opinions to clarify technical matters. 3. Summary Judgment: • • • A method to resolve clear cases without trial. The moving party must show (1) no genuine issue of material fact exists, and (2) they are entitled to judgment under the law. Partial Summary Judgment: Resolves some issues, leaving others for trial. 4. Trial Outcomes and Post-Trial Motions: • Verdict Forms: o General Verdict: Jury states who wins and awards damages. o Special Verdict: Jury makes specific factual findings; judge applies the law. • • • Directed Verdict: Granted if no reasonable jury could find for the nonmoving party. Judgment Notwithstanding the Verdict (JNOV): o Overturns a jury verdict if it lacks sufficient legal support. Motion for a New Trial: o Based on errors, new evidence, or misconduct; rarely granted. 5. Appeals: • • Focuses on legal errors at trial (e.g., improper jury instructions, admissibility of evidence). Possible outcomes: 1. Affirm: Trial court decision stands. 2. Reverse: Trial court decision overturned. 3. Remand: Case sent back to trial court for further proceedings. 6. Enforcement of Judgments: • • • Writ of Execution: Seizes and sells defendant’s property. Garnishment: Secures money from third parties like banks or employers. Equitable Remedies: Failure to comply (e.g., with an injunction) can result in contempt of court. 7. Class Actions: • • A single case representing a group with similar claims. Benefits: 1. Allows widespread legal wrongs to be addressed efficiently. 2. Promotes judicial economy. Class Action Requirements: o o Common legal/factual questions among class members. Adequate representation and practical class size. Key Concepts: The civil process ensures fair resolution through structured pretrial and trial procedures, mechanisms to avoid unnecessary trials, and clear post-trial remedies. Appeals focus on legal issues, while class actions and enforcement tools broaden access to justice and secure judgments.