The American Legal System Civil Justice

The Role of Civil Law

Why Even Have Laws? Our civil justice system helps people settle conflicts according to the rules of civil law; in a typical year, Americans file more than 1 million lawsuits – cases in which a court is asked to settle a dispute These lawsuits can range from anything for money, peopling thinking their rights have been violated, etc. Our civil justice system is based on the idea of responsibility Civil cases, like criminal cases, always have a plaintiff and defendant In a civil case, the plaintiff is usually an individual and the defendant may be an individual, group, business, or even a government agency

Principles of Civil Law While criminal law protects society by punishing people who break the law, civil law focuses on compensation and principle of equity Compensation – being “made whole” for harm caused by another person’s acts Suppose someone damages your car and you have to pay $1,500 to get it repaired and the person who damaged your car refuses to pay. You then decide to take them to court Judge rules that the person who damaged your car has to pay you the $1,500, they are rewarding you damages – money that is paid in an effort to make up for the loss Sometimes the payment in damages completely makes up for a loss, in many cases though, the payment of damages can’t completely make up for the harm done and the money is used in an effort to soften the effects of the injury

Principles of Civil Law While criminal law protects society by punishing people who break the law, civil law focuses on compensation and principle of equity Not every problem can be settled by the payment of money so sometimes the courts rely on equity – the use of general rules of fairness to settle conflicts Suppose potentially hazardous fumes are coming from a nearby factory – if you make the factory owners pay, it won’t stop the illnesses in town so the matter has to be handled a different way Under the rules of equity, a court may issue an injunction – an order to do or not do a certain act i.e. a court could order the factory to prevent the harmful fumes from escaping

Types of Civil Cases

Types of Civil Cases Most civil cases are personal injury cases, but there are also: Property cases Consumer cases Housing cases Domestic Relations cases Probate Cases

Property Cases People want payment for damage done to their property (car, home, boat, etc.) Before going to court, you need to consider if you have a case – can you prove that the defendant caused the damage?? Trespassing is another big matter for property cases Again though, you have to prove that the defendant knowingly and wrongfully crossed over your property Property cases can be settled through compensation or equity (typically equity is in a trespassing case)

Consumer Cases What happens if a product does not work as it should? What guarantees must come with the products you buy? These questions were covered in the Uniform Commercial Code, created in 1940 Laws were put together to help clear up legal issues concerning interstate commerce Many of the laws that make up the UCC set basic rules for contracts – legal agreement between buyers and sellers The buyer promises to pay for a product or service and the seller agrees that it will meet certain standards You buy a computer from the Apple store, it doesn’t work right and you take it to Apple. If they refuse to settle the problem, you could sue the store and if the court sides with you, it may require the store to repair or replace your computer

Housing Cases You live in an apartment and the landlord refuses to fix the broken stairs – do you have a legal right to do something about it? When you sign a lease, you are entering into an agreement which states the landlord’s rights and responsibilities as well as your own Tenants can pay for needed repairs and takes the cost out of rent If apartment conditions are allowed to become unlivable, tenants have the right to end their leases and move out without paying rent On the other hand…landlords who meet their responsibilities can force tenants to leave for not paying rent or for violating the terms of the lease

Domestic Relations Cases Family cases; most of which deal with divorce Deal with a range of issues and are often emotional and complicated: How will Mr. & Mrs. Smith divide up their property? (i.e. who gets the house, who gets the beach condo, the car, the boat, etc.) Who will have custody of the children? (primary custody? Visitation rights? New schedule? Etc.) Who will financially support them and how much?

Probate Cases Disagreements can arise on how to divide up property of a friend or loved one who has passed away Sometimes when someone dies, there is no will – document that tells what is to be done with the deceased person’s property Most of the time, probate cases involve questions about the legitimacy of the will i.e. is the signature real? Was the person who made the will unfairly influenced r not in the right frame of mind? Etc.

Civil Procedure

Preparing for Civil Trial A civil lawsuit beings with a complaint – legal document that charges someone with having caused harm It is filed with the court describing the problem and suggests a possible solution – i.e. damages, equity, or both Those who file the complaint are the plaintiff The defendant learns about the civil lawsuit when they receive a copy of the complaint and a summons – an order to appear in court usually delivered by a court employee or through the mail The defendant will then respond with an answer – the defendant’s written response to a complaint against them The defendant will either admit or deny responsibility

Preparing for Civil Trial…Continued The next step is for both parties to gather evidence – referred to as the discovery – process of gathering information prior to the trial Each party has the right to know any information relevant to the trial including information held by the other party The purpose of the discovery is to make sure that all parties (the defendant, plaintiff, and lawyers) know of any evidence that might be presented at the trial Not to burst your bubbles, but unlike what you see on TV or in the movies, there are no “surprise witnesses” in a real civil case or lawsuit

Preparing for Civil Trial…Continued One method of discovery is subpoena – a court order to produce a witness or document i.e. suppose the plaintiff, Sally, was injured when her car brake’s failed. She might ask for a subpoena ordering Ford to provide written records of factory brake tests Another method of discovery is through a deposition – the record of answers to questions asked before a trial A court reporter is present at the interview and writes down what the witness says; lawyers use the depositions to find out what the witnesses will say in court Questions can also be mailed to the person; often times this method is used to get detailed or technical information concerning the case

Juries & Verdicts in Criminal Trials Civil trials operate like criminal trials, but there are important differences Usually there is more at risk in a criminal trial than a civil trial; therefore, the defendant has the right to a jury in a criminal case Under the Constitution, federal courts must allow juries in civil cases that involve more than $20; however, most civil cases are heard in state and local courts where the minimum amount is $2,000 Juries are mostly used in compensation cases and rarely used in equity cases A jury is often made up of 12 people; however, in some states can be as few as 6 and they don’t always have to come to a unanimous decision – ¾

Juries & Verdicts in Criminal Trials…Continued Verdicts in civil cases are based on a less difficult burden of proof than in criminal cases (*remember “beyond a reasonable doubt”*) In civil cases, the plaintiff must prove the case only “with a preponderance [greater weight] of the weight” – the courts decide which side has presented more convincing and reasonable evidence

Problems in the Civil Courts

Problems, Problems, Problems Three major problems in the civil courts: Court delays High costs Need for alternatives

Court Delays Lawsuits take a long time to settle because quite simply, there aren’t enough judges to handle the growing number of cases Between 1960-2002, federal district courts had a 400% increase in cases! Average federal lawsuit takes less than a year; however, there were almost 35,000 federal cases that were older than 3 years…and delays in state courts can take even longer One major cause of delay is the time it takes to gather evidence Another, is the selection of they jury Not to mention that court rules make it possible for lawyers to delay trials in ways that will help their side (i.e. recess)

High Costs For many civil trials, people need the help of lawyers, which cost money Some cases lawyers are paid by the hour Think about how expensive that can get with the time it takes to gather evidence, study it, put a case together; not to mention the time spent in court In personal injury cases, the lawyer’s fee is often a large percentage of the money awarded by the judge or jury Filing fees for court papers Payments for expert witnesses (i.e. doctors) Human cost! – The time and inconvenience to the parties themselves

Need for Alternatives Most lawsuits never actually make it to trial. Why? Plaintiffs often will drop cases if they think they have little chance of winning High cost of a trial will cause parties to settle out of court Both judges and lawyers may strongly encourage the parties to find other ways of settling the conflict In some states, courts will not even hear certain cases (i.e. child custody) unless the parties involved have already tried to settle out of court

Choices in Civil Justice

Avoiding Civil Trial There are in fact a number of different ways to keep from going to trial: Mediation Arbitration Private Judges Referee Mock Trial

Mediation Mediation – a process by which people agree to use a third party to help them settle a conflict The mediator does not make a decision, but instead brings people together so that they can settle their disagreement and help reach a compromise In many states there are programs (usually sponsored by city or county courts, but can be run by private business) that train people to be a mediator Mediation programs handle a variety of problems from childing custody, to housing to even consumer products We also see mediation used in schools nationwide

Arbitration Arbitration – the use of a third person to make a legal decision that is binding on all parties Arbitration almost always costs less than a civil trial Considerably faster than going to civil trial The arbitrator is usually an expert on the subject matter in question; therefore, it takes less time to settle a case Arbitration is so successful in fact that the federal government and over 40 states have laws requiring arbitrators’ decisions be obeyed

Private Judge & Referee Sometimes referred to as “rent-a-judge” The two sides hire a person to hear and decide their case In the case of a referee, a judge can appoint a referee (usually a lawyer) In some places, the use of a referee means that you give up the right to a jury trial In the end, the judge who appointed the referee makes the final decision

Mock Trial Mock trial – preview of how the case would probably be settled if a trial were held Often described as a trial in fast forward because there are no witnesses and no evidence is presented Lawyers from each side summarize their case before a jury, who then gives an unofficial verdict Both sides get a good idea of what the result would be if a real trial were held

Cutting the Cost of Trials As we’ve seen, there are ways that conflicts can be settled outside of courts, but there are good reasons for having civil courts Sometimes one or both parties are unwilling to compromise; a plaintiff may feel like they can get a better settlement by going to trial, etc. A trial doesn’t always have to involve a lot of time or money: Small Claims Court Prepaid legal plans Storefront Law offices

Small Claims Court Small claims court – a civil court people use when the amount of money they want to recover is small; $3,000 or less Examples: breach of contract, property damage, auto accidents, personal injury, etc. Must be 18 or older to bring an action to small claims court Most small claims courts are a part of larger city or county courts The whole trial may take less than an hour and the costs are not much more than the filing fee (typically less than $100) No lawyers or juries; rather, both parties tell their stories to the judge who then makes a decision

Prepaid Legal Plans Even when a dispute involves too much money to qualify for small claims court, going to trial may be too expensive Prepaid Legal Plan – like an insurance policy; for a fixed fee, the plan covers all the costs of going to court, no matter how high

Storefront Law Offices Basically, they provide legal services for low prices Often times located in strip malls or even shopping malls (easy convenience) UNLIKE a tradition lawyer who may charge an hourly rate ranging from $100-$400 an hour, the storefront offices usually have a “menu” of set services i.e. Cost to prepare a will - $150 Because shoppers can see the prices, they are able to shop around, if you will

The Debate Over Large Rewards Let’s say… Brianna Bullock was a lifelong smoker and after decades of smoking she developed lung cancer, which spread throughout her whole body. She then sued Camel for damages Brianna’s lawyer argues that Camel was well aware of the dangers associated with smoking and intentionally began concealing that information since the 1950s Claim they did this through advertising

The Debate Over Large Rewards…Continued Let’s say… The lawyers for Camel come back and argue that Brianna knew of the health risks associated with smoking Argued that she had repeatedly warned of these risks by her doctor In 2002, a jury awarder her over $28,000,000,000 (BILLION People!) in damages – the largest verdict every in an individual product-liability case

The Debate Over Large Rewards…Continued These cases are subject to debate – some people argue that awards are needed to make up for serious losses, and that the rewards are usually paid by those who can afford to them (i.e. insurance companies, large corporations, etc.) Others argue that in the long run, it’s the average American who bears the burden of the large awards because in order to cover their costs, corporations have to raise prices, insurance companies raise their rates, etc.

So the question becomes…to sue or not to sue? As we’ve seen, the civil justice system is burdened with many different types of cases, are often long and costly, and you may not get much out of it In short…one should think about and explore other options first and try those methods out to deal with their disputes first and only then should they consider going to court Not all cases can be decided through alternative means, but in many instances going to court may be the last, not the first resort