Civil Law Chapter 16 Section 1

Civil Cases Plaintiff claims to have suffered and seeks damages Plaintiff claims to have suffered and seeks damages Damages- payment for suffering Damages- payment for suffering Defendant argues that either suffering didn’t occur or is not their fault Defendant argues that either suffering didn’t occur or is not their fault Negligence- loss, damage, injury, or death due to carelessness Negligence- loss, damage, injury, or death due to carelessness Lawsuit- legal action when a party sues to collect damages Lawsuit- legal action when a party sues to collect damages

Types of Civil Cases Personal Injury- Physical and emotional pain and suffering Personal Injury- Physical and emotional pain and suffering Property- Damage to property, disagreement over ownership Property- Damage to property, disagreement over ownership Domestic- Family relationships such as divorce, child custody, child support, etc. Domestic- Family relationships such as divorce, child custody, child support, etc. Probate- Wills, division of estate of the deceased Probate- Wills, division of estate of the deceased

Complaint Plaintiff files a complaint Plaintiff files a complaint Complaint- statement naming the plaintiff and defendant and describing the lawsuit Complaint- statement naming the plaintiff and defendant and describing the lawsuit

Summons Defendant is sent a summons Defendant is sent a summons Summons- court document announcing that the defendant is being sued and sets a date for trial Summons- court document announcing that the defendant is being sued and sets a date for trial

Answer Defendant responds and files an answer Defendant responds and files an answer Answer- admit to the charges or offer reasons why the defendant is not responsible Answer- admit to the charges or offer reasons why the defendant is not responsible

Pleadings Lawyers obtain the pleadings Lawyers obtain the pleadings Pleadings- complaint and answer Pleadings- complaint and answer

Discovery and PreTrial Discovery- lawyers check facts, gather evidence, question witnesses, etc. Discovery- lawyers check facts, gather evidence, question witnesses, etc. May decide to drop case if it looks weak, or proceed if it looks strong May decide to drop case if it looks weak, or proceed if it looks strong

Settlement Settlement- both parties agree on a amount of money the defendant will pay to the plaintiff Settlement- both parties agree on a amount of money the defendant will pay to the plaintiff Small Claims Court- civil court used for smaller amounts of money, no lawyers or jury Small Claims Court- civil court used for smaller amounts of money, no lawyers or jury Or plaintiff and defendant may decide to go to trial Or plaintiff and defendant may decide to go to trial

Trial NOTE: Most cases are settled and do not go to trial NOTE: Most cases are settled and do not go to trial Both sides present their argument to a judge (or jury if the desire) Both sides present their argument to a judge (or jury if the desire) Plaintiff only has to present a “preponderance of evidence” Plaintiff only has to present a “preponderance of evidence” Means plaintiff must convince the judge/jury that the defendant “more likely then not” was responsible (50.1%) Means plaintiff must convince the judge/jury that the defendant “more likely then not” was responsible (50.1%)

Verdict Judge/jury considers the case and decides on a verdict Judge/jury considers the case and decides on a verdict

If the Plaintiff wins… A remedy is set A remedy is set Remedy- payment for damages the defendant must pay the plaintiff Remedy- payment for damages the defendant must pay the plaintiff

If the Defendant wins… The plaintiff gets nothing and must pay court costs for both sides The plaintiff gets nothing and must pay court costs for both sides

Appeal The losing party may appeal if errors were made or injustice took place (most usually do) The losing party may appeal if errors were made or injustice took place (most usually do) Appeals are a long and tedious process Appeals are a long and tedious process Winning plaintiffs may wait years before seeing any money Winning plaintiffs may wait years before seeing any money