About This Chapter
Below is a sample breakdown of the Legal Procedures chapter into a 5-day school week. Based on the pace of your course, you may need to adapt the lesson plan to fit your needs.
|Day||Topics||Key Terms and Concepts Covered|
|Monday||Beginning a lawsuit and requirements||Prosecution, defense, discovery, deposition, jury and bench trials, injury in fact and moot|
|Tuesday||Pretrial pleadings and ensuing motions||Legal relief, process servers, default judgment, motion to dismiss and demurrer|
|Wednesday||Juries and verdict delivery||Jurors, challenge for cause, evidence, appropriate application of the law, special verdicts and other verdict types|
|Thursday||Civil appeals and multiple dispute resolutions||Appellant, writ of certiorari, Sweatt v. Painter, mediation, dispute resolutions and arbitration|
|Friday||Criminal trial requirements||Arraignment, habeas corpus, sufficient representation, plea bargain, false imprisonment and due process|
1. Starting a Lawsuit: Parties & Beginning Process
There are two parties to a lawsuit: the plaintiff, who initiates the lawsuit, and the defendant, who defends against the allegations waged against him. A lawsuit is a process that involves several steps beginning with the filing of a complaint and ending with a judge's or jury's decision.
2. Threshold Requirements: Standing, Case or Controversy & Ripeness
Threshold requirements are conditions that a plaintiff must meet in order to take another person or entity to court. There are threshold requirements for standing, case and controversy and ripeness. With all three, the court will require answers to specific questions to determine whether legal action can be taken against a party.
3. Pretrial Pleadings & Service of Process in Civil Litigation
Before a trial begins, there are several pleadings a plaintiff and defendant must file with the court to set a lawsuit into motion and this is known as the pretrial stage of a trial. Some common pleadings include a complaint, summons, motion to dismiss and motion for judgment.
4. Defendant's Response & Motions in Civil Litigation
Once a plaintiff initiates a civil lawsuit, the defendant must respond within a certain period of time depending on the particular state's requirements. The defendant responds by answering the complaint or filing a motion with the court.
5. Jury Trial and Selection in Civil Litigation
When a civil action leads to a trial, a jury is selected. The selection process general involves the parties or attorneys for the parties to question potential jurors from a pool of jury candidates. Once a jury is selected, the jury trial moves through various steps ending in a final decision.
6. Delivering a Verdict in Civil Litigation
In any court case, the end result is a verdict. However, there are several roads that lead to the verdict, including motion to dismiss, directed verdict, special verdict and judgment notwithstanding the verdict.
7. Civil Appeals Process: Parties, Briefs & Oral Arguments
The civil appeals process allows for a losing party to a lawsuit to request a higher court to review the decision to determine whether legal errors were made during the original trial.
8. Alternative Forms of Dispute Resolution: Negotiation, Mediation & Arbitration
In the eyes of the law, there are several ways a dispute can be settled. Some disputes can simply be negotiated to a win-win outcome. Others may require a third party to assist in coming up with solutions to remedy a situation.
9. Constitutional Requirements of a Criminal Trial
In criminal court, a defendant will rely heavily on his constitutional rights to a fair trial. These rights, specifically the Fifth and Sixth Amendment Rights provide the requirements for a criminal trial. Some rights include right to a speedy trial, right to counsel and a right to an impartial jury. There are several other equally important rights that this important amendment protects.
10. Writ of Habeas Corpus & Reasonable Doubt in a Criminal Trial
In a last ditch effort to be free, a person in custody, after exhausting all appeals and motions, may file a writ of habeas corpus requesting further investigation of his constitutional rights in an attempt to be set free.
11. Jury Trial: Process & Definition
Here, we will define a jury trial, consider the process of selecting jurors, and learn about the jury's responsibility in court. This lesson is useful to understand the American legal system for both criminal and civil cases.
Earning College Credit
Did you know… We have over 200 college courses that prepare you to earn credit by exam that is accepted by over 1,500 colleges and universities. You can test out of the first two years of college and save thousands off your degree. Anyone can earn credit-by-exam regardless of age or education level.
To learn more, visit our Earning Credit Page
Transferring credit to the school of your choice
Not sure what college you want to attend yet? Study.com has thousands of articles about every imaginable degree, area of study and career path that can help you find the school that's right for you.
Other chapters within the Business Law Syllabus Resource & Lesson Plans course
- History of American Law Lesson Plans
- Sources of Law Lesson Plans
- Constitutional Law Lesson Plans
- American Legal Systems Lesson Plans
- Contract Law Basics Lesson Plans
- Capacity in Contract Law Lesson Plans
- Third Party Beneficiaries Lesson Plans
- Contract Assignment & Delegation Lesson Plans
- Statute of Frauds in Contracts Lesson Plans
- Scopes & Meanings in Contracts Lesson Plans
- Breach of Contract Lesson Plans
- Discharge of Contracts Lesson Plans
- The Legal Environment Lesson Plans
- Securities & Antitrust Law Lesson Plans
- Property Law Lesson Plans
- Employment & Labor Law Lesson Plans
- Creditors' Rights Lesson Plans
- Product Liability & Consumer Protection Lesson Plans
- International Business Law Lesson Plans
- Torts in Business Law Lesson Plans
- The Role of Agency in Business Law Lesson Plans
- Business Organization Types Lesson Plans
- Sales & the Law Lesson Plans