However, the students and their parents suing UT and other schools allege in their complaint that "each of the universities were negligent in failing to maintain adequate protocols and security measures in place to guarantee the sanctity of the college admissions process, and to ensure that their own employees were not engaged in these type of bribery schemes."
During discovery, both parties also may issue subpoenas to third-party witnesses if other individuals who are not part of the litigation nevertheless have information that may be necessary to the case. For example, if you are suing someone for harassing you, you may need phone records to show how many times a day the person called you. To get those phone records, you would issue a subpoena to the phone company.
It also names specific campus incidents in which it says the university restricted free speech, including a controversial event organized by the university group Young Conservatives of Texas called Catch an Illegal Immigrant, which got scrapped in 2013. The group had planned to have volunteers walk around campus with a label that said "illegal immigrant," and students who "caught" them would win gift cards. Backlash on campus spurred UT to issue a statement saying that if the group carried out the activity they would be "willfully ignoring the honor code."
The lawsuit from Quinault Nation, which owns and operates Quinault Beach Resort & Casino in Ocean Shores, Wash., alleges that Valve has facilitated the use of textured digital weapons, known as “skins,” in games such as Counter Strike: Global Offensive as collateral in online betting through third-party sites. The lawsuit argues that through so-called “skins gambling” Valve has “subjected Washington citizens to scam, unsafe and unfair gambling.”
It's also important to remember that your attorney understands the litigation process in a way that you don't. While you're a foreigner in the legal realm, your lawyer lives there. So, it's worth paying careful heed to your lawyer's advice. If you don't understand something, ask probing questions. However, always keep in mind that your lawyer has extensive professional training and experience in these matters.
Stay in character, even when you don’t have a speaking role. “Your audience – the jury – is watching you from the moment they walk in, long before you say anything. Their only entertainment is watching you. They can’t check their phones, talk to one another or even lift their rears from their assigned seats. They’ll notice everything you do and draw conclusions about who you are.”
Specifically, it names portions of the undergraduate catalogue, handbook of operating procedures and nondiscrimination policy that ban verbal harassment, including threats, insults and personal attacks based on a person's race, religion, gender, age and other personal characteristics, as well as portions of university and residence hall policies that prohibit uncivil behavior and harassment.
If the defendant chooses to file an answer within the time permitted, the answer must address each of the plaintiffs' allegations. The defendant has three choices to make, which include either admitting to the allegation, denying it, or pleading a lack of sufficient information to admit or deny the allegation. Some jurisdictions, like California and Florida, still authorize general denials of each and every allegation in the complaint. At the time the defendant files an answer, the defendant also raises all "affirmative" defenses. The defendant may also assert counterclaims for damages or equitable relief against the plaintiff. For example, in the case of "compulsory counterclaims," the defendant must assert some form of counterclaim or risk having the counterclaim barred in any subsequent proceeding. In the case of making a counterclaim, the defendant is making a motion directed towards the plaintiff claiming that he/she was injured in some way or would like to sue the plaintiff. The plaintiff in this example would then receive some amount of time to make a reply to this counterclaim. The defendant may also file a "third party complaint", which is the defendant's privilege to join another party or parties in the action with the belief that those parties may be liable for some or all of the plaintiff's claimed damages. An answer from the defendant in response to the claims made against him/her, can also include additional facts or a so-called "excuse" for the plead. Filing an answer "joins the cause" and moves the case into the pre-trial phase.