Start Here: 5 Things You MUST Know
The lawsuit process: Complaint → Summons → Answer → Discovery → Trial → Verdict.
Three discovery tools: depositions (oral), interrogatories (written), motions to produce (documents).
Evidence is excluded for lack of relevance, materiality, or competence.
Appellate courts do NOT conduct new trials — they only review whether the law was applied correctly.
Three forms of ADR: Arbitration (third party decides), Mediation (facilitator helps), Negotiation (direct talks).
1. Pretrial Procedure
Complaint
Plaintiff files
Summons
Court notifies
Answer
Defendant responds
Discovery
Gather evidence
Trial
Present case
Pleadings (The Opening Documents)
Complaint: Plaintiff files allegations, states a cause of action, requests a remedy.
Summons: Court notifies defendant with copy of complaint + deadline to respond.
Answer: Defendant explains why plaintiff should not win. May include counterclaims (claims back) or crossclaims (against co-defendants).
Reply: Plaintiff may file after receiving the answer.
Motion to Dismiss
Defendant asks the court to throw out the case (e.g., lack of jurisdiction).
Motion for Summary Judgment
Either side asks the court to decide without trial — no genuine dispute about the facts.
Discovery: Gathering Evidence Before Trial
Depositions
Oral testimony under oath, face-to-face. Recorded by court reporter.
Interrogatories
Written questions sent to the other party. Must be answered in writing under oath.
Motions to Produce
Court orders the other party to hand over documents (contracts, emails, records).
Real-World Scenario: Joyce's Slip-and-Fall
The Setup: Joyce slips on an icy mall parking lot and wants to sue the mall owner.
What Happens: Joyce's lawyer files a complaint alleging negligence. The mall owner files an answer. During discovery, Joyce's lawyer deposes the maintenance person, sends interrogatories about the ice removal policy, and files a motion to produce safety inspection records.
The Result: Both sides build their cases through discovery before ever going to trial.
2. Trial Procedure & Evidence Rules
Three Bases for Excluding Evidence
1
Relevance
Does it relate to the issues?
2
Materiality
Is it important enough to matter?
3
Competence
Is the witness qualified / evidence reliable?
Hearsay Rule
Out-of-court statements offered to prove the truth of the matter are generally NOT admissible. BUT there are many exceptions: excited utterances, business records, dying declarations, and more.
Real-World Scenario: Jack's Truck Accident
Jack's parking tickets: INADMISSIBLE — irrelevant and immaterial to whether he backed into Mike.
Jack's drug abuse history: POTENTIALLY ADMISSIBLE — only if connected to THIS case (e.g., he was under the influence at the time).
Wilma heard Jack say "Where'd you come from?": ADMISSIBLE — relevant to show Jack did not see Mike. Hearsay exception (excited utterance) likely applies.
Types of Verdicts
General: Jury simply finds for plaintiff or defendant (+ damages).
Special: Jury answers specific factual questions; judge applies the law.
Finality Doctrines
Res judicata: Case decided = cannot be relitigated.
Collateral estoppel: Specific facts decided = cannot be re-argued in a related case.
Appeals
Appellant = the party who appeals (the loser at trial)
Appellee = the party who defends the appeal (the winner)
Key rule: Appellate courts do NOT conduct new trials. They only review whether the lower court applied the law correctly.
Writ of certiorari: How the U.S. Supreme Court chooses cases. If cert is denied, the lower court decision stands.
3. Alternative Dispute Resolution (ADR)
ADR includes ways to resolve disputes without going through a full trial. It is faster, cheaper, and very common in insurance.
Arbitration
A neutral third party hears both sides and makes a decision.
Binding? Yes, if agreed in advance. Many insurance policies contain arbitration clauses.
Mediation
A neutral mediator helps parties negotiate a compromise.
Binding? No — the mediator does NOT make a decision. Non-binding unless an agreement is reached.
Negotiation
Direct discussions between parties or their lawyers to settle the dispute.
Most common: Most lawsuits settle through negotiation before trial.
Real-World Scenario: Insurance Appraisal Clause
The Setup: Maria's home suffers $80,000 in water damage. Her insurer says the damage is only $45,000. Maria disagrees but does not want to spend years in court.
What Happens: Maria's homeowners policy has an appraisal clause (a form of ADR built into insurance contracts). Each side selects an appraiser, and the two appraisers select an umpire. Any two of the three agreeing on the amount settles the dispute.
The Result: The appraisers and umpire agree on $67,000. This is binding on both parties. Resolved in weeks instead of years.
Cheat Sheet
Print this page for quick referenceExam Trap Alerts
1. Appellate Courts Do NOT Retry Cases
They never hear witnesses or look at new evidence. They only review whether the trial court applied the law correctly. If an answer says an appellate court "conducts a new trial," it is WRONG.
2. Hearsay Has MANY Exceptions
Do not automatically exclude testimony as hearsay. Excited utterances, business records, and dying declarations are all exceptions. The exam may try to trick you.
3. Discovery Tools — Know All Three
Depositions (oral, in person), Interrogatories (written questions), Motions to Produce (documents). The exam may describe a scenario and ask which tool applies.
4. ADR is Binding ONLY When Agreed in Advance
Arbitration is often binding because parties agree upfront. Mediation is non-binding unless a settlement is reached. Do not confuse the two.
Quick Reference Summary
Complaint
Plaintiff's opening document with allegations and cause of action.
Discovery
Depositions, interrogatories, motions to produce.
Evidence Bases
Relevance, materiality, competence.
Res Judicata
Once decided, a case cannot be relitigated.
Arbitration
Third party decides. Binding if agreed in advance.
Mediation
Facilitator helps negotiate. Non-binding.