In your Interactive Notebook: Unit. Day 3 In your Interactive Notebook: Unit.Day 3.9 Civil $uit$ and $$$$$ Damage$ ON YOUR DESK: 1) laptop (warming up) 2) Interactive NB 3) (Completed) Study guide WARM UP Why do people sue other people? Today’s OBJECTIVE(S) -- WRITE THESE DOWN: I can define key concepts in civil cases, such as “plaintiff, damages, tort, and settlement” I can create a fictionalized tort scenario that leads to a civil lawsuit

Updates & Deadlines SUBMIT By Today: By Thursday: FRIDAY: EXAM Study Guide: through 3.10 ACES / Writing Prompt: Crime & punishment OR Tort Story By Thursday: Practice Test FRIDAY: EXAM Today’s Agenda SG through 3.10 Tort Story Review Time Current events End of class quiz

Civil Lawsuits Plaintiff ~ the person/organization that files the lawsuit claims that a loss has occurred and demands damages VERSUS Defendant ~ the person/organization being sued argues that they are not responsible for the damage or loss Textbook p. 364

Civil Case If John sues McDonalds because the coffee is too hot, who is the plaintiff?

What be won in a civil case? Damages – money paid to offset a loss Injunction – requires the defendant (the government or a company to change a policy)

Tort Law A “tort” occurs when a person suffers a legal wrong that results in damage to their property or an injury to themselves Examples of torts: Slip and fall into an uncovered sewer Restaurant gives you a to go cup of coffee and the lid isn’t tight, and it spills and burns you A car accident someone else caused

What are the Steps in a Civil Case? Hire a lawyer Plaintiff’s lawyer files a complaint Court sends the defendant a summons to appear in court at a given date and time Defendant responds to the charges by filing an answer to the complaint Discovery phase – evidence is shared Plaintiff then the Defendant present their sides of the case in court Court issues a verdict Textbook pp. 365-367

Preponderance of the Evidence Legal Standard required to win in a civil case “preponderance of the evidence” Means it is more likely than not that a person did what they are accused of Based on the evidence, if the person PROBABLY did it, they lose the case DIFFERENT THAN CRIMINAL CASES Criminal requires guilt “beyond a reasonable doubt”

Most civil cases are settled and never reach trial because: Settlement – an agreement to drop the lawsuit & resolve things outside of court Most civil cases are settled and never reach trial because: Outcomes of trial are hard to predict Most courts have a backlog of civil cases meaning it could be years waiting on a trial Trials and legal assistance are expensive; that both sides likely want to end the spending Textbook p. 366

If you lose the verdict in a civil case, you can appeal the decision to a higher court Textbook p. 367

Juveniles and Delinquents Juvenile ~ Anyone under age 18 in most states that is not yet considered a legal adult Juvenile Delinquent ~ young people who commit crimes Textbook p. 375

Purpose of the Juvenile Court Primary goal is to rehabilitate or correct a young person’s behavior Juvenile courts handle two types of cases: Neglect Delinquency Juveniles do NOT have the right to jury trials Judges attempt to keep proceedings and the identity of juveniles secret Textbook pp. 376-377

Write a Tort Story Write a fictional short story with the following elements: A tort scenario in which a plaintiff files a lawsuit A settlement conference from the perspective of either the plaintiff or the defendant – and explanation of why the settlement might or might not make sense

End of Class Quiz What types of courts have appellate jurisdiction? What Supreme Court Case established the precedent of Judicial Review? ___________ laws govern how businesses should operate. _________ laws involve violations of the penal code. __________ laws deal with lawsuits over things like contracts.

Quiz continued: Most cases that the Supreme Court hears involve questions of ____________ law. In a civil case, the _______ files a lawsuit and the ___________ (also called “respondant”) must respond. What is the legal standard a jury must use in deciding a civil case? The “discovery” part of a trial is when each side has to give the other side the evidence they have.