Civil Procedure Ch. 21, sec. 2 Pp. 569-573. Preparing for a Civil Trial Court Filings Court Filings - Complaint describes the problem and suggests solutions.

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Presentation transcript:

Civil Procedure Ch. 21, sec. 2 Pp

Preparing for a Civil Trial Court Filings Court Filings - Complaint describes the problem and suggests solutions - Answer admits or denies responsibility

Obtaining Evidence Discovery – lawyers find evidence for trial Discovery – lawyers find evidence for trial Deposition – court reporter records what is said Deposition – court reporter records what is said Written questionairres Written questionairres

Juries and Verdicts in Civil Trials Don’t always have the right to a jury trial Don’t always have the right to a jury trial Juries mainly used for compensation cases Juries mainly used for compensation cases Jury decision does not have to be unanimous Jury decision does not have to be unanimous Lower burden of proof Lower burden of proof

Problems in the Civil Courts Lawsuits take a long time to settle Lawsuits take a long time to settle Trials are expensive (lawyer fees are high) Trials are expensive (lawyer fees are high) Most lawsuits don’t go to trial, they are dropped or settled Most lawsuits don’t go to trial, they are dropped or settled

Questions Which is not a reason that lawsuits take a long time to settle? Which is not a reason that lawsuits take a long time to settle? a.Lack of judges and courtrooms b.Collection of evidence c.Process of jury selection d.Witnesses make mistakes

Questions Which is a problem in taking a civil case to trial? Which is a problem in taking a civil case to trial? a.It is lengthy and expensive b.You risk the death penalty c.The decision is not legally binding d.There is no jury to hear the case