2 Key TermsPlaintiff- The party that initiates the lawsuit by filing a complaintDefendant- 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.TestimonyWritten documentsRecords
3 Key Terms (Cont.) Testimony- Statements made by witnesses under oath. Witness- Someone who has personal knowledge of the facts.Expert Witness- Possesses superior knowledge about important factsSubpoena- 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.Verdict- The jury’s decisionJudgment- The final result of the trial.
4 Two types of remedies are generally available in a civil lawsuit for a tort, breach of contract, or other private party.DamagesInjunction
5 Injunction- A court order for a person to do or not do a particular act. Temporary restraining order
6 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:Compensatory (actual)Punitive (exemplary)
7 Compensatory damages- Meant to place the injured party in the position he or she was in prior to the injury or loss.Lost wagesDoctor’s feesPain and suffering
8 Punitive damages- A type of damages generally only awarded in intentional tort cases. Meant to punish the person who inflicted the injury.
9 Contingency fee- Lawyers agreeing to handle a civil lawsuit for a percentage of a recovery. Typically 25% if case is settled before trial33% if the case is won at trial40% or more if won on appeal
10 Sequence of a Civil Court Case: If a jury is used, the jury must be selected.Judges decide issues of lawJuries decide facts of the caseOpening statements and TestimonyOpening statements briefly outline the case.Testimony is heard from witnessesClosing Arguments and Instructions to the juryJury deliberation and the verdict