Civil Trial Procedure By: Anthony Franco, Luis Bonaparte, Eric Mathiau, & Josue Lecodet.

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Presentation transcript:

Civil Trial Procedure By: Anthony Franco, Luis Bonaparte, Eric Mathiau, & Josue Lecodet

What is Civil Trial Procedure? ● Law is divided into two categories: o Substantive law o Procedural law ● Civil procedure deals with the functioning of the civil cases

What is Civil Law? ● Civil law governs the relationships between individual parties and does not usually involve the government ● The plaintiff begins a lawsuit by filing a complaint with the court ● The defendant is the person being sued

Civil Statutes ● Survival Statutes - Are written to ensure that a representative for a deceased plaintiff can continue the case ● Statute of Limitations- States that a person has a certain amount of time to start a lawsuit

Alternative Dispute Resolution ● ADR takes place when parties try to resolve their disagreements outside of the court system ● Several types of ADR are: o Mediation o Arbitration o Conciliation o Negotiation

Mediation Arbitration -A mediator is called in to help resolve the problem -Promotes compromise -Final decision made by the parties - A third party is used to settle the dispute - Produces fair results - The parties don’t have the final decision

Conciliation Negotiation -Each party appoints a spokesperson to represent them -The negotiators meet to come to an agreement -One step closer to litigation -Listens to both parties separately and then the parties make a decision - Is similar to Mediation -Takes more time