• 2.1: Litigation

    • Litigation URL

      Read this introduction to Chapter 3, which discusses the concept of litigation and its role in the business world. The litigation process is important, since it helps businesses resolve their disputes through the application of the law. Business professionals should have a firm understanding of how litigation can impact rights and obligations.

    • 2.1.1: The Parties

      • The Parties Involved URL

        Read this section. Litigation involves the bringing of a legal claim in court by one party or a group of parties against another party or parties. Several actors are key to the litigation process; be sure you understand the role of litigants, attorneys, and others involved in the trial process. Be sure to do the exercises at the end of the section.

    • 2.1.2: Standing and Jurisdiction

      • Standing and Personal Jurisdiction URL

        Read this section. Earlier, we explored the jurisdiction of various courts within the American system. However, before a party to a lawsuit can even get into court, the suit must meet certain requirements. Who has the authority to bring a claim in court? How does a court determine this? The United States has 51 court systems. How does a court decide how much contact with the jurisdiction is required to bring a claim? These important considerations must be addressed before litigation begins.

    • 2.1.3: Pretrial Procedures

      • Pretrial Procedures URL

        Read this section. Litigation is a complex and time-consuming activity. Before the parties even get to trial, there is a great deal of preparation that must take place in order to have one's day in court. This section discusses the preparation of documents and exchange of information that must take place in order bring a lawsuit, and covers class-action lawsuits and the process of discovery, which is an investigative process through which the parties request and produce evidence. The discovery process is important, because it allows a party to ascertain their case's strong and weak points. Did you know that 54% of corporations were charged with a class-action lawsuit in 2014? According to the Manhattan Institute, "more than one in three such companies faced multiple lawsuits". With this in mind, you'll want to learn more about class action lawsuits and how they work.

    • 2.1.4: Trials and Appeals

      • The Trial and Appeal URL

        Read this section. When the parties reach the trial stage of a lawsuit, important decisions must be made about the selection of a jury, opening and closing statements, and the examination of witnesses. This section covers these processes, the burden of proof in civil litigation, and the process of appeal when a party challenges a decision of the trial court.