Civil Litigation

1. Resolution and Remedies
   1. Judgments
      1. Monetary Damages
         1. Compensatory Damages
            1. Purpose and Nature
               1. To reimburse the plaintiff for actual losses.
               2. Comprising economic (medical expenses, lost wages) and non-economic (pain and suffering) damages.
            2. Calculating Compensatory Damages
               1. Economic Calculation
                  1. Calculation of past and future medical expenses.
                  2. Assessment of lost wages and impact on earning capacity.
               2. Non-Economic Calculation
                  1. Factors influencing pain and suffering determinations.
                  2. Use of multipliers and per diem methods.
         2. Punitive Damages
            1. Purpose
               1. To punish egregious conduct by the defendant.
               2. To deter similar future conduct.
            2. Legal Standards
               1. Requirement of proving malicious, willful, or grossly negligent behavior.
               2. State law variations and caps on amounts.
         3. Nominal Damages
            1. Definition and Purpose
               1. Symbolic damages acknowledging a legal wrong when no substantial injury occurred.
            2. Common Scenarios
               1. Cases involving violations of rights without substantial losses.
      2. Injunctive Relief
         1. Types of Injunctions
            1. Temporary Restraining Orders (TROs)
            2. Preliminary Injunctions
               1. Criteria for granting: likelihood of success on the merits, irreparable harm.
            3. Permanent Injunctions
               1. Issued as part of final judgment.
         2. Applications of Injunctive Relief
            1. Prevention of ongoing or threatened harm.
            2. Enforcement of non-compete agreements.
            3. Protection of intellectual property.
      3. Declaratory Judgments
         1. Purpose
            1. To define the legal rights or status of the parties involved without providing for enforcement.
         2. Common Use Cases
            1. Resolving uncertainty over legal obligations.
            2. Validity of contracts or statutes.
   2. Settlement Agreements
      1. Negotiation Techniques
         1. Strategies
            1. Interest-based negotiation.
            2. BATNA (Best Alternative to a Negotiated Agreement) preparation.
         2. Tactics
            1. Building rapport and trust.
            2. Effective communication and persuasion skills.
      2. Mediation and Arbitration
         1. Mediation
            1. Role of the Mediator
               1. Facilitate communication between parties.
               2. Encourage mutual understanding and settlement.
            2. Advantages
               1. Confidentiality and control over the process.
               2. Preservation of relationships.
         2. Arbitration
            1. Binding and Non-Binding Arbitration
               1. Differences and implications of enforceability.
            2. Selection of Arbitrator
               1. Importance of expertise and neutrality.
            3. Arbitration Process
               1. Evidence presentation and hearings.
               2. Issuance of arbitral awards.
      3. Benefits and Drawbacks
         1. Benefits
            1. Reduction in time and litigation costs.
            2. Flexibility in crafting tailored solutions.
            3. Confidentiality of settlements.
         2. Drawbacks
            1. Potential for unequal bargaining power.
            2. Settlements without judicial precedent.
            3. Limited opportunity for appeal or modification.