Though the majority of lawsuits are settled before ever reaching a state of trial, they can still be very complicated to litigate. This is particularly true in federal systems, where a federal court may be applying state law (e.g. the Erie doctrine, for example in the United States), or vice versa. It is also possible for one state to apply the law of another in cases where additionally it may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant, or whether the plaintiff has standing to participate in a lawsuit. About 98 percent of civil cases in the United States federal courts are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not even have the ability to even enforce a judgment if the defendant's assets are theoretically outside their reach.
At the close of discovery, the parties may either pick a jury and then have a trial by jury or the case may proceed as a bench trial. A bench trial is only heard by the judge if the parties waive a jury trial or if the right to a jury trial is not guaranteed for their particular claim (such as those under equity in the U.S.) or for any lawsuits within their jurisdiction.
Another key aspect was that Judge Neubauer tried to position herself as a moderate and independent judge, despite being very connected to the Democratic Party and Planned Parenthood. When voters were informed of her connections to socialist policies and infanticide-supporting groups, it helped Hagedorn. Our organization, American Majority Action, saw this as we went door to door and spoke to voters in real time. We focused on voters in seven counties across the state. Our survey results showed a 10+% shift to Hagedorn over the final two weeks as more voters were informed of Neubauer’s radical ties. In places where we knocked on doors, we saw votes shift by 15% or more from their 2018 totals. In Oostburg, where we spoke with hundreds of voters, we saw Hagedorn receive 361 more votes than Screnock in 2018. This happened in communities all across the state. Face-to-face communication is the best way to win over voters in any election, and given the unfair attacks by liberals in this case, it proved particularly effective.
Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules are constrained and informed by separate statutory laws, case laws, and constitutional provisions that define the rights of the parties to a lawsuit (see especially due process), though the rules generally reflect this legal context on their face. The details of the procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within the same jurisdiction. These rules of the particular procedures are very important for litigants to know, because the litigants are the ones who dictate the timing and progression of the lawsuit. Litigants are responsible to obtain the suited result and the timing of reaching this result. Failure to comply with the procedural rules may result in serious limitations that can affect the ability of one to present claims or defenses at any subsequent trial, or even promote the dismissal of the lawsuit altogether.