Ch. 5-3 Civil Procedure

Key Terms Plaintiff- The party that initiates the lawsuit by filing a complaint Defendant- The party complained against in a criminal or civil proceeding. Evidence- Anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts. Testimony Written documents Records

Key Terms (Cont.) Testimony- Statements made by witnesses under oath. Witness- Someone who has personal knowledge of the facts. Expert Witness- Possesses superior knowledge about important facts Subpoena- A written order by the judge commanding a person to appear, give testimony, present evidence. Willful failure to appear in court after receiving that order is contempt of court. Verdict- The jury’s decision Judgment- The final result of the trial.

Two types of remedies are generally available in a civil lawsuit for a tort, breach of contract, or other private party. Damages Injunction

Injunction- A court order for a person to do or not do a particular act. Temporary restraining order

Damages- A monetary award by the court to a person who has suffered loss or injury because of the act or omission of another. Two types of damages: Compensatory (actual) Punitive (exemplary)

Compensatory damages- Meant to place the injured party in the position he or she was in prior to the injury or loss. Lost wages Doctor’s fees Pain and suffering

Punitive damages- A type of damages generally only awarded in intentional tort cases. Meant to punish the person who inflicted the injury.

Contingency fee- Lawyers agreeing to handle a civil lawsuit for a percentage of a recovery. Typically 25% if case is settled before trial 33% if the case is won at trial 40% or more if won on appeal

Sequence of a Civil Court Case: If a jury is used, the jury must be selected. Judges decide issues of law Juries decide facts of the case Opening statements and Testimony Opening statements briefly outline the case. Testimony is heard from witnesses Closing Arguments and Instructions to the jury Jury deliberation and the verdict

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