Civil Law Chapter 16 Section 1. Civil Cases Plaintiff claims to have suffered and seeks damages...

Civil LawCivil Law

Chapter 16 Section 1Chapter 16 Section 1

Civil CasesCivil Cases

Plaintiff claims to have suffered and Plaintiff claims to have suffered and seeks damagesseeks damages

Damages- payment for sufferingDamages- payment for suffering Defendant argues that either suffering Defendant argues that either suffering

didn’t occur or is not their faultdidn’t occur or is not their fault Negligence- loss, damage, injury, or Negligence- loss, damage, injury, or

death due to carelessnessdeath due to carelessness Lawsuit- legal action when a party sues to Lawsuit- legal action when a party sues to

collect damagescollect damages

Types of Civil CasesTypes of Civil Cases Personal Injury- Physical and emotional Personal Injury- Physical and emotional

pain and suffering pain and suffering Property- Damage to property, Property- Damage to property,

disagreement over ownership disagreement over ownership Domestic- Family relationships such as Domestic- Family relationships such as

divorce, child custody, child support, etc.divorce, child custody, child support, etc. Probate- Wills, division of estate of the Probate- Wills, division of estate of the

deceaseddeceased

ComplaintComplaint

Plaintiff files a complaintPlaintiff files a complaint Complaint- statement naming the Complaint- statement naming the

plaintiff and defendant and plaintiff and defendant and describing the lawsuitdescribing the lawsuit

SummonsSummons

Defendant is sent a summonsDefendant is sent a summons Summons- court document Summons- court document

announcing that the defendant is announcing that the defendant is being sued and sets a date for trialbeing sued and sets a date for trial

AnswerAnswer

Defendant responds and files an Defendant responds and files an answeranswer

Answer- admit to the charges or offer Answer- admit to the charges or offer reasons why the defendant is not reasons why the defendant is not responsibleresponsible

PleadingsPleadings

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

Discovery and PreTrialDiscovery and PreTrial

Discovery- lawyers check facts, Discovery- lawyers check facts, gather evidence, question witnesses, gather evidence, question witnesses, etc.etc.

May decide to drop case if it looks May decide to drop case if it looks weak, or proceed if it looks strongweak, or proceed if it looks strong

SettlementSettlement Settlement- both parties agree on a Settlement- both parties agree on a

amount of money the defendant will pay amount of money the defendant will pay to the plaintiffto the plaintiff

Small Claims Court- civil court used for Small Claims Court- civil court used for smaller amounts of money, no lawyers or smaller amounts of money, no lawyers or juryjury

Or plaintiff and defendant may decide to Or plaintiff and defendant may decide to go to trialgo to trial

TrialTrial NOTE: Most cases are settled and do NOTE: Most cases are settled and do

not go to trialnot go to trial

Both sides present their argument to a Both sides present their argument to a judge (or jury if the desire)judge (or jury if the desire)

Plaintiff only has to present a Plaintiff only has to present a “preponderance of evidence”“preponderance of evidence”

Means plaintiff must convince the Means plaintiff must convince the judge/jury that the defendant “more likely judge/jury that the defendant “more likely then not” was responsible (50.1%)then not” was responsible (50.1%)

VerdictVerdict

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

If the Plaintiff wins…If the Plaintiff wins…

A remedy is setA remedy is set Remedy- payment for damages the Remedy- payment for damages the

defendant must pay the plaintiffdefendant must pay the plaintiff

If the Defendant wins…If the Defendant wins…

The plaintiff gets nothing and must The plaintiff gets nothing and must pay court costs for both sidespay court costs for both sides

AppealAppeal

The losing party may appeal if errors The losing party may appeal if errors were made or injustice took place were made or injustice took place (most usually do)(most usually do)

Appeals are a long and tedious Appeals are a long and tedious processprocess

Winning plaintiffs may wait years Winning plaintiffs may wait years before seeing any moneybefore seeing any money