How do civil lawsuits proceed?
• Initial complaint filed as Smith v. Jones; • Preliminary motions (demurrer, summary judgement) • Discovery, trial date set • Trial evidence weighed by judge or jury depending on plaintiff preference (Tests: Beyond Reasonable Doubt; Preponderance of evidence; Preferred Position) • Smith wins, Jones appeals on a point of law, case is now called Jones v. Smith • Appeals court reads briefs, hears oral arguments, Jones wins, appeals court decides to remand with instructions to lower court judge. • The decision could stand as a weak federal district precedent if the Supreme Court doesn’t grant certiorari. • Smith appeals to Supreme Court. SC grants certiorari. Case is now Smith v. Jones. • Supreme court decides case on basis of majority, writes decision. Minority members may also write dissenting opinion. 6. Legal terms and case citation styles Legal terms in Virginia are defined in the court’s Glossary of Terms Also see Everybody’s legal dictionary and the Law.com dictionary Among the imp
