5.2 Civil Litigation in the United States
5.2 Civil Litigation in the United StatesPosted by Daniel on April 10, 2023 at 9:53 pm
Kostiantyn replied 1 month ago 2 Members · 4 Replies
- Reply with a summary of what you learned about civil litigation in the United States from your reading of 5.2.
- Write two questions you have about civil litigation in the United States.
- 4 Replies
KostiantynMemberApril 24, 2023 at 7:18 am
I’ve learned that US civil litigation is rather simplier than ukrainian one. The first stage of litigation in the USA is called pleading and refers to complaint and defendant’s answer as main documents and steps to begin a case. The rule 8 of the Federal Rules of Civil Procedure states the “pleading requirements”. There are few requirements – jurisdiction matters, relief question, and demand for judgement. Unlike the ukrainian procedure, US law doesn’t demand to include evidence in the complaint or defendant’s answer and do other formal statements (allegations). Ukrainian art. 175 of Civil Procedural Code provide more than 10 detailed pleading requirements. Also other rules demand from parties to include all proof in complaint/answer.Ukrainian legislation doesn’t allows to present <strong style=”font-family: inherit; font-size: inherit; color: var(–bb-body-text-color);”>alternative theories in complaint. If a claim (demand) be dismissed by court (recosnised as inappropriate) plaintiff will lose a case. . . . .
KostiantynMemberApril 24, 2023 at 7:41 am
There are two main options for defendant to response the claim – motion to dismiss and answer. It is one document in Ukraine. Defendant denies or admit plaintiff’s allegations in answer and may assert claim against plaintiff called “counterclaim”. The same is in Ukraine. The next stage is called Discovery stage – the parties disclosure and acquire (I’ve not understood that word) all the evidence they have. But there are some strict rules for that i serious sanctions from court for failure in them. Summary judgement and settlement are simply ways case solution if the strengths and weaknesses of each side’s position are apparent. To grant summary judgement parties move for it. If not – case proceed to trial. . . . .
KostiantynMemberApril 24, 2023 at 8:54 am
Trial is the same as ukrainian one. The features of US trial are jury trial, verdict and deliberation. I think testifying witnesses is not single action during a trial.
KostiantynMemberApril 24, 2023 at 9:08 am
What are the other form of relief, except awarding money? Why “award her money”? What is the difference between proof and evidence? What is difference between rulling and decision of court? What is the difference between issue (verb) and grant? Is “voir dire” french or latin? What is case-in-chief? What is the difference between verdict of jury and decision of judge?