Civil Suits (Chapter 16, Section 1)

I. Opposing Parties Plaintiff – party bringing up the suit or filing the complaint Defendant – party being sued Adversary system – opposing sides in every case means it is dependent upon which side presents the most evidence.

II. Types of Civil Suits Disputes over property Breaches of contract Family matters (divorce, child custody, adoption, etc.) Negligence – someone is injured or killed due to carelessness of another.

III. Steps in a civil case: “Retaining” a lawyer File complaint Summons to defendant Sets a court date Defendant’s lawyer responds (answer to the complaint) Complaint + answer = pleadings

III. Steps in a civil case: Discovery process – gather evidence Pretrial hearing: a.) offer settlement b.) mediation – reach an agreement c.) arbitration – professional judge- like person who hears both sides and resolves the dispute with a binding decision.

III. Steps in a civil case: Trial – plaintiff must present a “preponderance of evidence” opening statements Plaintiff’s evidence Defendant’s response Cross examine witnesses Closing statements Verdict: either “responsible” or “not responsible” appeals