MC 401 Lecture Notes - Lecture 1: W. M. Keck Observatory, Demand Letter, Specific Performance
Document Summary
Basic steps in a civil case: injury. Somebody is injured (or they think they are) Lawyer sends demand letter to potential defendant: settle. Parties can reach a settlement before a suit if ever filed. Parties can also settle any time up until case decided: petition/complaint. Filed with appropriate trial court (federal or state) Complaint contains numbered paragraphs discussing parties to the case, the facts of the case and legal theories justifying recovery. Petition must be served on the defendant usually personally *service of process served : answer. Defendant hires a lawyer, who prepares an answer to the petition. Similarly numbered paragraphs may admit or deny the plaintiffs statements in the petition. Defendant will also list affirmative defenses- even if everything the plaintiff says it"s true: discovery conference. Parties meet with judge in chambers to plan the schedule for the rest of the lawsuit. Judge would ideally like parties to settle: discovery process.