Torts Order of Trial Two Kinds of Disputes: Factual and Law 1. Complaint o (P) lawyer investigates facts and issues a petition or complaint that formally states that facts with court and is served to the (D). 2. Answer o Affirms or denies the claim. In the case of a denial, a jury must be selected to resolve the dispute 3. Selection of Jury 4. Opening Statement o Not an argument but a preliminary view of the testimony for the opposing sides. 5. Plaintiff’s Case 6. Defendant’s Case 7. Closing Arguments 8. Instructions to the Jury After (D) receives papers he sends two documents. One is his answer with his facts. The judge looks at the facts. He also gives a demurrer at common law and a motion to dismiss. This says that even if the facts the (P) says are true no law supports them. During the motion to dismiss the judge asks each side for a brief argument. After this is dismissed, (D) issues an affidavit that cannot be used as trial proof but they try and show disputes between the (P) facts. The (P) send their affidavits as well stating there facts. (D) also files a motion for summary judgment. This gives new facts in contradiction to other facts that are not disputed. It says here are the facts, there is no law that is broken, not trial. After the (P) gets done with the questioning the (D) issues a motion for direct verdict. This is where the (P) fails to prove that there is proof to issue a verdict. Torts The purpose of tort law is to 1) make sure that people do not take the law into their own hands; 2) deter wrongful conduct; 3) encourage socially responsible behavior; 4) restore injured parties to their original condition.