Legal System Identification, Comparison, and Analysis
Legal System Identification, Comparison, and Analysis
Processes for filing a civil law suit should take into consideration all items that will be of importance during the case. Should a lawsuit be filed against Mr. Jones, the law firm must first file a complaint or petition within the state in general jurisdiction trial court, where the property in question is located. The complaint or petition will state the purpose of the suit. In this case the law firm will set out to prove that Mr. Jones did not intentionally begin developing the infrastructure on property that the city had deemed to be used as an easement for city utility lines. Furthermore, the law firm will prove that Mr. Jones was unaware that proper surveying was not conducted he did not intentionally damage or trespass on the neighboring property. On the bases of the neighbor threatening to sue for damages and trespassing, the law firm would file for an early motion. This will allow the law firm and Mr. Jones to come to an agreement with the neighbor from Switzerland over the land before an actual court hearing.
Following the early motions and the complaint the law firm and Mr. Jones must respond to the pleadings of the suit. The law firm and Mr. Jones will have three weeks to respond to the pleadings or ask for an extension of time. A motion to strike, following the response pleadings’, requesting that “fraud against a municipality” be removed from the lawsuit may also be requested.
Pre-trial practice would the next step in the civil court process. During the pre-trial practice the judge may order both parties to mediation in hopes that the case can be resolved in a diminutive trial. If the process can not be resolved both parties are requested to provide discovery. Both parties will gather information to help aid in the case to prove or counter the allegations during the trial. Items used in the discovery phase could be requests...