The Law Offices of FRANK L. BRANSON

How the Law Works

Simply stated, the law is divided into two major areas: criminal and civil cases. Criminal cases involve government prosecution of individuals charged with illegal conduct, such as robbery or murder. Civil cases are those dealing with family law, corporate law, and civil actions brought by one individual against another person or against a corporation. Personal injury cases are civil cases.

Overview of a Personal Injury Case:

The Complaint
Discovery
Pre-Trial Preparation
The Trial
The Verdict
General Research Links

Phase One: The Complaint
A civil action starts when a complaint is filed in court by the attorney representing the injured person or the family of a deceased person. The person bringing the claim is called the plaintiff. The court numbers each case, then each party named as a defendant is served with a summons and a copy of the complaint and is given a specified amount of time to file a formal response. The filing of a case should lead to a resolution of the matter through a trial or settlement.

Phase Two: Discovery
In the discovery process, attorneys gather information that will be used to support or dispute claims or defenses in the case. Attorneys for both sides have access to relevant information gathered during this phase. Discovery can involve oral depositions (testimony under oath) and written answers to questions. Each side usually requests extensive written documentation ranging from medical and personnel records to photographs and product design specifications. Discovery often requires hundreds and sometimes thousands of hours from attorneys, paralegals, private investigators, numerous other staff members, and outside consultants.

Phase Three: Pre-trial preparation
Each case is prepared for trial. Mediation is a common approach to dispute resolution during the third phase of a case and is often required by the court.

Phase Four: The Trial
If the parties involved cannot agree on a negotiated settlement before the appointed court date, the case proceeds to trial. The jury selection process then begins, wherein members of the community are called at random to serve as juror candidates. Attorneys from both sides question the potential jurors, with the right to excuse a certain number of individuals. When a jury is selected, the actual trial can begin.

Without detailing the intricacies of courtroom procedure, the process can be briefly summarized as follows: Attorneys from both sides present opening statements to the jury outlining the case and any supporting evidence that will be presented. After opening statements, the plaintiff's attorney presents evidence to support her or his position in the matter. Evidence is usually a combination of oral witness' testimony and physical evidence such as documents, photographs, x-rays, and medical records. The defense attorney then has the opportunity to present evidence that disputes the plaintiff's claims. Sometimes, the plaintiff offers rebuttal evidence. Finally, each attorney delivers a closing argument in a last attempt to sum up the parties' positions.

The Verdict
After deliberating and reaching a decision in secrecy, the jury presents its verdict to the court. If the verdict is in favor of the plaintiff, the jury also specifies a dollar amount to be paid by the defendant. In some circumstances, a jury may also be allowed to assess separate punitive damages, which are intended to punish the defendant and to make an example for others to deter particularly wrongful conduct.

General Research Links

American Law Sources Online
A catalog of legal resources for the U.S., Canada, and Mexico. Very current.
http://www.lawsource.com/also/

Fifth Circuit Court of Appeals
This service provides access to new Fifth Circuit opinions, an archive of older opinions, docket sheets, documents of the court, pattern jury instructions, links to other courts of the Fifth Circuit, and links to other court units such as the library. Also included are proposed changes to brief formats and a checklist of rule requirements for preparations of briefs and record excerpts. Opinions are easily retrievable using ISYS search software.
http://www.ca5.uscourts.gov/

Hieros Gamos
This may be the most comprehensive legal site on the Internet. Links are provided to thousands of sites related to the legal profession.
http://www.hg.org

Internet Law Library-U.S. House of Representatives (see LawGuru.com)

Internet Legal Resource Guide
This is an excellent site that provides easily accessed links.
http://www.ilrg.com

Law Guru
Another major Internet site like Hiero Gamos, LawGuru advertises access to free legal research on 250+ legal search engines and tools.
http://www.lawguru.com/

Law Info
Excellent graphics and organization characterize this list of legal resources. There have been some problems reported with the currency of its listings.
http://www.lawinfo.com

Lectric Law Library
An excellent legal resource on the Web which tries to be as comprehensive as Hieros Gamos and Law Guru. Lectric Law Library does provide links to free resources but often leads the researcher into commercial offerings. Some clever leaps into legal humor make this an enjoyable resource to visit.
http://www.lectlaw.com/

Legal Information Institute—Cornell University Law School
This location provides one of the most comprehensive listings of legal resources on the Internet, including court opinions, statutes, and rules and regulations.
http://www.law.cornell.edu/

Thomas—Legislative Information on the Internet
Thomas is one of the most current sources of federal legislative information, including floor activities in Congress, major legislation, legislative histories, congressional record text, and historical documents. It also provides links to congressional Internet services.
http://thomas.loc.gov

World Wide Web Virtual Law Library
This site is maintained by the World Wide Web Consortium. It provides numerous links to law-related sites and also allows searching by subject.
http://www.law.indiana.edu/v-lib/

The Law Offices of Frank L. Branson, P.C. does not offer any guarantee of case results. Past success in litigation does not guarantee success in any new or future lawsuit. Our web site describes some of the cases that the attorneys of Law Offices of Frank L. Branson, P.C. have worked on in the past. Our description of those cases is summary in nature. You should be aware that the results obtained in each of the cases we have worked on was dependent on the particular facts of each case. The results of other cases will differ based on the different facts involved.