THE CASE OF THE MISSING SHOES CHAPTER 1 5/27/2018 Chapter 6 Slide 1 BHS Law Related Education Law II Chapter 6-3 Civil Procedure A. Filing A Civil Lawsuit 1. Someone who has been the victim of a tort can file a civil lawsuit against the person(s) responsible. 2. The person who files the lawsuit is the plaintiff and the person defending the lawsuit is the defendant. 3. In the State of New Jersey, from the time the lawsuit is filed it can take 2 years or more before the case comes to trial. 4. After the lawsuit is filed both sides engage in the discovery process, where all parties must answer questions (legal reasoning) and exchange documents or physical evidence relating to the case. THE CASE OF THE MISSING SHOES 1

B. Settlement or Trial Chapter 6-3 Civil Procedure 5/27/2018 Chapter 6 Slide 2 BHS Law Related Education Law II Chapter 6-3 Civil Procedure B. Settlement or Trial 1. Prior to trial the case may be settled out of court…arbitration, mediation 2. At trial the plaintiff carries the burden of proof and must prove the defendant is responsible by proving all the elements of the tort by a preponderance of the evidence. 3. By a preponderance of the evidence is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence. 4. The jury in a civil trial is usually 6 to 12 people and the verdict does not need to be unanimous. 2

C. Remedies For The Tort Victim CHAPTER 1 5/27/2018 Chapter 6 Slide 3 BHS Law Related Education Law II Chapter 6-3 Civil Procedure C. Remedies For The Tort Victim 1. Damages-Monetary award made by the jury to the injured party to compensate for loss. 2. Damages come in two major categories: compensatory and punitive damages. a) Compensatory damages are intended to compensate the plaintiff for out of pocket loss such as medical bills, lost wages and physical and emotional stress caused from an injury known as pain and suffering. b) Punitive damages are intended to punish the defendant for their conduct. 3

The Case of the Suspended Wrestler CHAPTER 1 5/27/2018 Chapter 6 Slide 4 BHS Law Related Education Law II Chapter 6-3 Personal Injury Law C. Remedies For The Tort Victim 2. Equitable Relief-Equitable relief or equitable remedies are non-monetary judicial remedies obtained when money damages cannot adequately compensate the plaintiff. The Case of the Suspended Wrestler a) Injunction-A court order to do or not do something. Violate it and you go to jail. 4

D. OBTAINING AND SATISFYING A CIVIL JUDGMENT CHAPTER 1 5/27/2018 Chapter 6 Slide 5 BHS Law Related Education Law II Chapter 6-3 Personal Injury Law D. OBTAINING AND SATISFYING A CIVIL JUDGMENT 1. When a jury awards a civil judgment for the plaintiff and awards damages, the defendant is required to pay the judgment. 2. If the defendant does not pay, the plaintiff may obtain a Writ of Execution. 3. This allows the plaintiff to execute the judgment against the defendant by: a) Attaching wages b) Attaching bank accounts c) Forcing the sale of personal property 5