3:48 Done Assignment 7.docx Assignment 7: Court TV v Small Claims Court Half of the value of Assignment 3 is to get to the Court House, find parking, navigate security, find the correct room, and get in to observe... this can be very stressful even when you are not one of the combatants in court that day. Imagine how it is when you are directly involved with stuff at stake! Then, once in... there was probably a roll call and you probably observed several "Default Judgments" [hopefully you know what this is and how to win a default judgment, ask if not], Then, watched a couple of short trials in front of a judge or commissioner (person sitting in for a judge). There was a discovery portion and a pretrial conference for those who did present their cases to the Judge (or stand in Commissioner). Remember? Okay, HOW DO YOU WIN IN COURT? Let's break it down again, okay? If you have been wronged [standing to sue) and need to seek a legal &/or equitable remedy, Civil Court is most often your judicial option for justice. Which Court: State Civil or Federal Civil Court will depend on Jurisdiction... [Three ways for Federal Courts & Four ways for State Courts, remember?] As the person bringing the legal action in civil court you are the “Plaintiff” and bear the burden of proving your allegations against your named defendant by a “preponderance of the evidence.” This is your burden of proof in civil court, federal and state... The legal proceedings begin when you as the plaintiff file your Complaint and serve the Defendant(s). They “Answer” game on... Your complaint will need to include four things to be legally. valid: A: Names & contact information for the plaintiff(s) & defendant(s) B: List your “legal cause of action(s)” which is the legal laws you are claiming in your complaint that the defendant violated. C: Facts to support the essential elements of the legal rule(s) you name as your cause of action(s) to establish a “prima fascia” case. D: Include a remedy that will fix the problem, which will include: Monitory damages: Compensatory, Consequential, &/or Punitive Equitable remedies: Injections - Specific Performance E: Have evidence to support a reasonable degree of certainty support your specifically requested remedies. F: As the Plaint with the burden on proor, you state your 3:48 Done Assignment 7.docx Your complaint will need to include four things to be legally valid: A: Names & contact information for the plaintiff(s) & defendant(s) B: List your "legal cause of action(s)” which is the legal laws you are claiming in your complaint that the defendant violated. C: Facts to support the essential elements of the legal rule(s) you name as your cause of action(s) to establish a "prima fascia” case. D: Include a remedy that will fix the problem, which will include: Monitory damages: Compensatory, Consequential, &/or Punitive Equitable remedies: Injections – Specific Performance E: Have evidence to support a reasonable degree of certainty support your specifically requested remedies. F: As the plaintiff with the burden of proof, you state your Issues that includes the legal rule [cause of action), summarize your story, present supporting evidence for your prima fascia case, and then... G: SHUT UP and let the other party talk themselves into a deep hole about all things but a valid defense. Again, file a proper complaint, know the legal rule, break it down to its essential elements, match facts to support EVERY essential element to the rule of law, have evidence to support each, present your case and Shut up. Once you win, have evidence to support the remedies you have requested in your complaint. Ask & Receive Drop the mike and walk out... game over! For Assignment 7, watch TWO half hours Court Reality shows (Judge Judy, Judge Mathis, Judge Alex, the People's Court... there are so many on TV and online!). . Respond in writing on a word doc that: · States the name & source of the shows. • List the case ISSUES and RULES presented on these episodes. • Summarize why one party won or lost based on the IRAC method for dispute resolution and their individual presentation before the Judge. FYI: Read the disclaimer for these shows, they are NOT LEGAL COURT proceedings but rather using ARBITRATION as an alternative dispute resolution method cloaked as court for the media audience entertainment. One of the students from last spring's biz law class was invited to be a plaintiff on Judge Judy to settle a dispute with his roommates on a home lease. Indeed it happens more than you think! Let's get you propuvu. Hvoiynment.
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