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Ch. 5-3 Civil Procedure Key Terms Plaintiff- The party that initiates the lawsuit by filing a complaint Plaintiff- The party that initiates the lawsuit.

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Presentation on theme: "Ch. 5-3 Civil Procedure Key Terms Plaintiff- The party that initiates the lawsuit by filing a complaint Plaintiff- The party that initiates the lawsuit."— Presentation transcript:

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2 Ch. 5-3 Civil Procedure

3 Key Terms Plaintiff- The party that initiates the lawsuit by filing a complaint Plaintiff- The party that initiates the lawsuit by filing a complaint Defendant- The party complained against in a criminal or civil proceeding. Defendant- The party complained against in a criminal or civil proceeding. Evidence- Anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts. Evidence- Anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts. Testimony Testimony Written documents Written documents Records Records

4 Key Terms (Cont.) Testimony- Statements made by witnesses under oath. Testimony- Statements made by witnesses under oath. Witness- Someone who has personal knowledge of the facts. Witness- Someone who has personal knowledge of the facts. Expert Witness- Possesses superior knowledge about important facts Expert Witness- Possesses superior knowledge about important facts Subpoena- A written order by the judge commanding a person to appear, give testimony, present evidence. Subpoena- A written order by the judge commanding a person to appear, give testimony, present evidence. Willful failure to appear in court after receiving that order is contempt of court. Willful failure to appear in court after receiving that order is contempt of court. Verdict- The jury’s decision Verdict- The jury’s decision Judgment- The final result of the trial. Judgment- The final result of the trial.

5 Two types of remedies are generally available in a civil lawsuit for a tort, breach of contract, or other private party. Two types of remedies are generally available in a civil lawsuit for a tort, breach of contract, or other private party. Damages Damages Injunction Injunction

6 Injunction- A court order for a person to do or not do a particular act. Injunction- A court order for a person to do or not do a particular act. Temporary restraining order Temporary restraining order

7 Damages- A monetary award by the court to a person who has suffered loss or injury because of the act or omission of another. Damages- A monetary award by the court to a person who has suffered loss or injury because of the act or omission of another. Two types of damages: Two types of damages: Compensatory (actual) Compensatory (actual) Punitive (exemplary) Punitive (exemplary)

8 Compensatory damages- Meant to place the injured party in the position he or she was in prior to the injury or loss. Compensatory damages- Meant to place the injured party in the position he or she was in prior to the injury or loss. Lost wages Lost wages Doctor’s fees Doctor’s fees Pain and suffering Pain and suffering

9 Punitive damages- A type of damages generally only awarded in intentional tort cases. Meant to punish the person who inflicted the injury. Punitive damages- A type of damages generally only awarded in intentional tort cases. Meant to punish the person who inflicted the injury.

10 Contingency fee- Lawyers agreeing to handle a civil lawsuit for a percentage of a recovery. Contingency fee- Lawyers agreeing to handle a civil lawsuit for a percentage of a recovery. Typically 25% if case is settled before trial Typically 25% if case is settled before trial 33% if the case is won at trial 33% if the case is won at trial 40% or more if won on appeal 40% or more if won on appeal

11 Sequence of a Civil Court Case: Sequence of a Civil Court Case: If a jury is used, the jury must be selected. If a jury is used, the jury must be selected. Judges decide issues of law Judges decide issues of law Juries decide facts of the case Juries decide facts of the case Opening statements and Testimony Opening statements and Testimony Opening statements briefly outline the case. Opening statements briefly outline the case. Testimony is heard from witnesses Testimony is heard from witnesses Closing Arguments and Instructions to the jury Closing Arguments and Instructions to the jury Jury deliberation and the verdict Jury deliberation and the verdict

12 THE END


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