BA 30310 Chapter Notes - Chapter 3: Affirmative Defense, Counterclaim, Protected Group
Document Summary
Exam 1: chapter 3 notes: federal rules of civil procedure, frcp, govern all civil trials held in federal district courts, 3 phases of the litigation process, pretrial, trial, posttrial, litigation process, 1. Consult an attorney: discuss likelihood of success, procedures, court choice, fees, types of fees to be paid , fixed, hourly, contingency, client may choose not to pursue litigation b/c of costs and pursue settlement of claim instead, 2. Plaintiff"s attorney files complaint: complaint- statement alleging the facts showing that the court has subject-matter and personal jurisdiction, facts establishing plaintiff"s basis for relief, and the remedy the plaintiff is seeking, 4. Defendant notified of lawsuit: service of process= formally notifying the defendant of a lawsuit, summons, notice requiring defendant to appear in court and answer the complaint, can waive formal service of process in some cases, 5. Defendant"s attorney files answer to complaint or motion to dismiss.
