101 Things I Learned in Law School by Matthew Frederick

Author:Matthew Frederick [MARTIN, VIBEKE NORGAARD/FREDERICK, MATTHEW]
Language: eng
Format: epub
Tags: Business & Economics / Careers - General
ISBN: 9781455509812
Publisher: Grand Central Publishing
Published: 2013-05-20T16:00:00+00:00

59

The Thin Skull Rule

When a tort results in harm to a person with a preexisting physical or mental condition, such that the harm is greater than what would have been experienced by a different victim, a defendant may be held liable for all such harm.

The 3 stages of a civil case

60

Most of what happens in a civil trial happened before the trial.

In civil cases, litigants are required to exchange information before trial. Through the discovery process, each party may depose (question under oath) the opposition and any other individuals who may provide relevant information. Consequently, each side knows the other’s case well before the trial begins.

A judge is also involved well before trial. A judge reads pretrial pleadings and motions from the two sides, researches relevant legal issues, settles disputes that arise during discovery, issues warrants and summonses, and supervises jury selection. Most cases settle before trial, making pretrial work the court’s main work.

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