legal process essays

legal process essays There are many steps that must be taken before John would have a case that could go to trial.In the case of John vs. his employer there is a process that is involved when filing discrimination charges. John needs to report to his EEOC counselor within 45 days of the charge. However, he also needs to file a complaint with the Equal Employment Opportunity Committee for them to determine that there is enough evidence to support Johns claim of discrimination. This is when the EEOC does a priority investigation of the initial facts to see if these facts appear to support a violation of the law. In investigating a charge, the EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. (www.eeoc.gov) Once the agency finishes its investigation, John may request a hearing before an EEOC administrative judge or an immediate final decision from the agency. At any point in time John or his emplo yer may form a settlement out of court and this would suffice EEOCs requirements as well. Then John can choose to file a civil lawsuit and go to the federal court system since he is in the private sector. John would then file a complaint and then both parties would pay a fee of $150.00 by statute. Because, John is a defendant in a civil case then he would then have to hire his own attorney. In the state system however, he would have an attorney appointed for him. The federal court system also wants the litigants to prepare for the case, also known as discovery. Both John and his employer must provide information to each other about the case, such as witnesses, dates, times of events etc. This helps the litigants prepare for their trial by assembling evidence and preparing all of the witnesses. (www.uscourts.gov) In the federal court system, there are many rules that the courts must follow. They are designe ...