Do now pg 57 1.Which situation is an example of civil law? Murder or Divorce? 2.Give me 2 examples of civil cases.

Civil Law v. Criminal Law Criminal Law concerned with “acts offensive to society as a whole” – Basically, acts that the state feels that it should punish Civil Law is concerned with rights and responsibilities of people in their dealings with each other

Civil Law v. Criminal Law Main differences: – Criminal: government v. individual; Civil: does not necessarily include government – Criminal: Incarceration or Death penalty as punishment; Civil: monetary damages or injunctions Civil cases outnumber criminal cases Two big areas of civil law: Tort and Contracts

Tort Law The law of “noncontractual civil wrongs,” Ex: when one party does some injury to another outside of a contract relationship. As a result of such wrongs, the wrongdoer is liable to the victim for damages Three basic types of torts: intentional torts, negligence torts, and strict liability

Process of a Civil Proceeding Sequence of Events in a Civil Proceeding Cause of Action Complaint Summons Answer Discovery Pretrial Motions and Conference Trial

Cause of Action Same as the “crime” in criminal proceedings A factual situation that creates a legally recognized right to damages or some other form of relief. Must fulfill all elements of the right broken/taken.

Complaint The cause of action is formalized into a document called the complaint The complaint establishes the basis for the lawsuit The party that files the complaint is the plaintiff, and the other is the respondent (sometimes defendant).

Summons Once the complaint is filed, the court issues a summons. The summons informs the defendant that they are being sued and gives them the time frame during which they must appear. The plaintiff is then responsible for service of process, that is, giving the defendant a copy of the complaint and summons.

Summons Date of service sets wheels in motion – Determines deadline for response by defendant. – Proof of service is filed by plaintiff to establish this deadline. – Failure to appear by deadline leads to default judgment.

Answer Answer is filed by respondent denying some or all of the facts alleged by the plaintiff Answer also announces intent to pursue any affirmative defenses—or defenses that allow for the plaintiff’s facts to be true, but still prevent plaintiff from recovering damages.

Discovery Four basic tools: – Interrogatories/Requests for Admission – Requests to Produce or Inspect – Depositions – Requests for Medical Examination

Discovery Interrogatories/Requests for Admission – Written questions from one party to the other that must be answered under oath – Questions must be answered by the client, not the attorneys.

Discovery Requests to Produce/Inspect – A written request from one party to the other requesting access to documents or property that the other possesses Depositions – Interview of one of the parties or another witness that is undertaken outside of court but under oath. – Only type of discovery that includes people other than the parties.

Discovery Request for Medical Examination – If case involves question of actual physical (or mental) injury, a request may be made that the person in question be examined by a professional.

Pretrial Motions Similar to pretrial motions in criminal trials Demurrer: motion by defendant to dismiss trial; often based on insufficient complaint or improper jurisdiction. Motions are decided at a court hearing.

Pretrial Conference Conferences are pretrial meetings between the judge and attorneys Can simply be checking on status of case and setting trial date. Also used often by judge to pressure parties to settle. If there is a settlement, court dismisses the case with prejudice, meaning that the case cannot be refilled.

Trial Trial events much like criminal trial Jury usually smaller Burden of proof is “preponderance of evidence,” not “beyond a reasonable doubt” Courts enforce civil verdicts via both liens (rights to defendant’s property) and executions (seizure and auction of defendant’s property).