I. Intro to Litigation & Procedure
Structure of Civil Justice System
A. Types of Law
1) Private – disputes bet 2 citizens & state is umpire
2) Public – disputes bet citizen & the state (i.e. crim law, admin law, con law)
B. Federal
1) Specific Juris – fed cts only has juris if a specific reason (2 main types)
a. Federal Question – a question of federal law, may have supplemental juris over similar state law but that is discretionary
b. Diversity – litigants from dif states, may answer state law, but should have fed ? or at discretion not to take case
2) Courts:
a. 94 Trial/District Ct (900J)
i.Magistrates – asst to fed district judges
(1) Can’t decide dispositive cases unless parties agree
b. 13 Appeals/Circuit Ct (132J)
i.11 geographic, DC Circuit & Federal Circuit
c. 1 Supreme Ct (9J)
d. Other: Bankruptcy, Tax, Admiralty, Securities
3) Judges:
a. District/Circuit/Supreme – appointed by the President, approved by Congress
b. Tax – appointed by President
c. Bankruptcy – voted by Circuit
d. Magistrates – voted by District
4) Litigation
a. 250K civil cases/year (2% of civil litigation)
b. Trials have dropped from 20% to 4.3% b/c of changes in culture & attitude of judges
i.Norm against trials
ii.Manage & intervene
iii.Since FRCP (1938) judicial resolution by procedure (and not trial) is very popular
C. State (98% of civil litigation)
1) General Juris – state cts have juris over everything unless specific to federal
2) Courts
a. Trial Ct
b. Appeals Ct
c. High Ct
d. Others: Probate & Family
3) Judges – Michigan
a. 7J-1 High, 28J-1 Ct of Appeal, 24 Trial Cts
b. Most states, judges aren’t appointed, but elected & serve for finite terms
i.10 selected by governor
ii.10 chosen by partisan elections
iii.13 non-partisan elections, but everyone knows
iv.15 appointed officially, and stay in thru retention elections
Why Litigate
Litigation v Trial
Resolution
1) Trial by
ication (85%) – final resolution by court before trial
i. 1/3 cases settle
Differences
1) Litigation – proc of exchanging info under the fiction of a trial & supervision of judge
2) Trial – actually in the courtroom
Costs of Litigation (42 USC §1988 Civil Rights Act)
Financing Litigation
1) Attys Fees:
i. Contingency fees – % of client’s recovery
a. Used by P lawyers, b/c P can’t afford to pay
b. Same/set w/in a state (MI-30%)
c. Can be a combo w/hourly or to prevent loss, if fired, hourly applies
ii. Hourly fees – 7½ minute increments w/itemized costs
a. Used by D lawyers, b/c D won’t get anything at the end
Evans v. Jeff D
