exam-summary-jazyk-i4-anglictina-pro-pravniky
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with the court (if he doesn’t, the plainif wins by default)
o
the defendant is required to serve a defense (answer in the USA) within a certain
ime or a counterclaim, which is his/her own cause of acion against the plainif
o
the plainif MAY ile a reply to the defendant’s defense or counterclaim
at this phase, paries can reach an out-of-court setlement; otherwise, the
case goes to TRIAL
o
starts with opening statements or speeches (by liigants or their counsel)
o
examinaions of witnesses (cross-ire examinaion); burden of proof lies with the
party who has started the whole afair, case is decided on the balance of
probabiliies
o
closing statements by the paries
o
court makes a judgement, which is subsequently enforced (the defendant usually
pays damages and legal costs)
in the USA, each party pays its own costs; they also have a coningency fee,
which is an agreement staing that a lawyer shall only get a payment if
he/she wins the case (usually around 30% of the damages)
o
types of enforcement
seizure of goods (executed by a sherif or executor based on a writ of
execuion
disobeying the court consitutes a criminal conduct of contempt of court
third party debt order, which diverts money (e.g. salary) normally going to
the loser of the case to the winner
if the third party is an employer → atachment of earnings (wage
garnishment in the USA)
The plaintiff files a 2. complaint with the court.
The court issues and serves a 3. summons on the defendant.
The defendant confirms by filing 4. acknowledgement of service and is required to serve a/an 5. defense.
The defendant may also file a 6. counterclaim.
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The plaintiff files a 7. reply as an answer to the defense or counterclaim.