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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