FEDERAL LITIGATIONFEDERAL LITIGATIONOf United states of AmericaOf United states of America

Presented byPresented by

Sadanand NaikSadanand Naik

Legal AssistantLegal Assistant

Cerebra Integrated Technologies Ltd Cerebra Integrated Technologies Ltd

Bangalore, IndiaBangalore, India

COURT AND ITS KINDSCOURT AND ITS KINDS

COURT IS AN ADJUDICATER OF DISPUTESCOURT IS AN ADJUDICATER OF DISPUTES

Two kinds of federal courtsTwo kinds of federal courts• The trial court i.e. District courtsThe trial court i.e. District courts• The appellate court i.e. the circuit courts and The appellate court i.e. the circuit courts and

the supreme courtthe supreme court

Two kinds of courts in the countryTwo kinds of courts in the country• Federal courts andFederal courts and• State courtsState courts

FEDERAL AND STATE COURT FEDERAL AND STATE COURT DISTICTIONDISTICTION

FEDERAL COURTSFEDERAL COURTS Established under US ConstitutionEstablished under US Constitution Disputes involving the constitutionDisputes involving the constitution Laws passed by congressLaws passed by congress

STATE COURTS STATE COURTS Established by stateEstablished by state Disputes involving state constitutionDisputes involving state constitution Laws passed by state Laws passed by state

HIERARCHY OF FEDERAL HIERARCHY OF FEDERAL COURTSCOURTS

US SUPREME COURT

US COURT OF APPEALS

US DISTRICT COURTS

JURISDICTION OF FEDERAL JURISDICTION OF FEDERAL COURTCOURT

US IS A PARTY IN A CASEUS IS A PARTY IN A CASE

QUESTION JURISDICION i.e.cases involving QUESTION JURISDICION i.e.cases involving us constitution and federal laws.us constitution and federal laws.

DIVERSITY JURISDICTION i.e. citizens of DIVERSITY JURISDICTION i.e. citizens of different state amount above $ 75,000.different state amount above $ 75,000.

PROCEDURES APPLIEDPROCEDURES APPLIED

FEDERAL RULES OF CIVIL PROCEDUREFEDERAL RULES OF CIVIL PROCEDURE FEDERAL RULES OF CRIMINAL FEDERAL RULES OF CRIMINAL

PROCEDUREPROCEDURE FEDERAL RULES OF APPEALS FEDERAL RULES OF APPEALS

PROCEDUREPROCEDURE FEDERAL RULES OF BANKRUPTCY FEDERAL RULES OF BANKRUPTCY

PROCEDURE.PROCEDURE. FEDERAL RULES OF EVIDENCE.FEDERAL RULES OF EVIDENCE.

HOW THE PROCEEDINGS TAKES HOW THE PROCEEDINGS TAKES PLACEPLACE

Starting the caseStarting the casePLEADINGSPLEADINGSPretrial ActivityPretrial ActivityPRETRIAL CONFERENCESPRETRIAL CONFERENCESDISCOVERYDISCOVERYMOTIONSMOTIONSSETTLEMENTEFFORTS & ADRSETTLEMENTEFFORTS & ADRTrialTrialJURY TRIAL BENCH TRIALJURY TRIAL BENCH TRIALJURY SELECTIONJURY SELECTIONOPENING STATEMENTSOPENING STATEMENTSPRESENTATION OF EVIDENCEPRESENTATION OF EVIDENCEEVIDENCE RULINGSEVIDENCE RULINGSCLOSING ARGUMENTSCLOSING ARGUMENTSINSTRUCTION&STANDARD OF PROOFINSTRUCTION&STANDARD OF PROOFDELIBERATION AND VERDICTDELIBERATION AND VERDICTPost trialPost trialJUDGEMENTJUDGEMENTRIGHT OF APPEALRIGHT OF APPEAL

PLEADINGSPLEADINGS

COMPLAINT BY PLAINTIFFCOMPLAINT BY PLAINTIFF ANSWER BY DEFENDANTANSWER BY DEFENDANT MOTIONSMOTIONS

OPENING STATEMENTOPENING STATEMENT

LAWYER OF BOTH THE SIDESLAWYER OF BOTH THE SIDES OVERVIEW OF EVIDENCEOVERVIEW OF EVIDENCE

PRESENTATION OF EVIDENCEPRESENTATION OF EVIDENCE

Plaintiff evidencePlaintiff evidence Defense evidenceDefense evidence

Evidence two kinds.Evidence two kinds. PHYSICAL EVIDENCE e.g. documents,PHYSICAL EVIDENCE e.g. documents, photographs, objects( exhibits)photographs, objects( exhibits) TESTIMONY WITNESSESTESTIMONY WITNESSES• Direct ExaminationDirect Examination• Cross ExaminationCross Examination• Redirect examinationRedirect examination• Recross ExaminationRecross Examination

CLOSING ARGUEMENTSCLOSING ARGUEMENTS

BY THE PLAINTIFF AND DEFENDANT ‘S BY THE PLAINTIFF AND DEFENDANT ‘S

LAWYERLAWYER WHAT ARE THE ISSUES WHAT ARE THE ISSUES WHAT ARE PROVED AND WHAT ARE PROVED AND

WHAT NOTWHAT NOT LAW AND PRECEDENTSLAW AND PRECEDENTS

Instructions and standard of Instructions and standard of proofproof

INSTRUCTIONS TO JURY BY JUDGEINSTRUCTIONS TO JURY BY JUDGE

PREPONDERENCE OF EVIDENCEPREPONDERENCE OF EVIDENCE

HOW TO APPLY LAWHOW TO APPLY LAW

Deliberations and verdictDeliberations and verdict

JURY ROOMJURY ROOM

DISCUSSION OF EVIDENCEDISCUSSION OF EVIDENCE

JUDGEMENTJUDGEMENT

IS A OUTCOME OF A IS A OUTCOME OF A

TRIAL OR RESULT OF TRIAL OR RESULT OF

THE CASETHE CASE

RIGHT O APPEALRIGHT O APPEAL

LOSING PARTYLOSING PARTYGROUNDS DISTRICT JUDGE GROUNDS DISTRICT JUDGE

ERRORERRORIMPROPER EVIDENCE ADMIIMPROPER EVIDENCE ADMIWRONG INTERPERETATION WRONG INTERPERETATION

OF LAWOF LAW

How Cases Move Through How Cases Move Through Federal CourtsFederal Courts Appeals Appeals

ASSIGNMENT OF JUDGESASSIGNMENT OF JUDGES ALTERNATE DESPUTE RESOLUTIONALTERNATE DESPUTE RESOLUTION REVIEW OF LOWER COURT DECISIONREVIEW OF LOWER COURT DECISION ORAL ARGUMENT ORAL ARGUMENT DECISIONDECISION APPEAL TO SUPREME COURTAPPEAL TO SUPREME COURT

ReferenceReference

http://http://www.fjc.gov/federal/courts.nsf/autoframe?OpenForm&navwww.fjc.gov/federal/courts.nsf/autoframe?OpenForm&nav=menu4a&page=/federal/courts.nsf/page/F9A7B67E8B890BE1852568240=menu4a&page=/federal/courts.nsf/page/F9A7B67E8B890BE1852568240069786A?opendocument069786A?opendocument