PO210 Study Guide - Midterm Guide: Alternative Dispute Resolution, Affidavit, Counterclaim
Document Summary
Intro to law midterm part three: the trial process: Lawyers will usually first explore the possibility of settling out of court with the other party. This could lead to an out of court settlement. About 90-99% of cases end in default judgement, settlement, abandonment, or diversion to alternative dispute resolution without getting to trial. The lawyer will typically give an opinion on the likelihood of success in court. The civil law system is set up to screen out cases and to discourage them from going forward by helping or forcing plaintiffs and defendants to settle. Before starting an action, a lawyer must ensure the parties have standing. To have standing to sue in civil law, you must have a particular kind of relationship to the facts of the case. There are four main stages in litigation: pleadings, filing the pleadings (filing the originating process, just meaning the beginning of paperwork).
