Introduction to Civil Law

Civil Complaint Summarizes the plaintiff’s contentions Explains what damages are being sought against the defendant Look at some great civil complaints!!! – Courtney Love: m/file/courtney-love-sued- over-rehab-bill m/file/courtney-love-sued- over-rehab-bill – m/file/couple-sues-google- over-street-view (Couple sues Google over “Street View”) m/file/couple-sues-google- over-street-view – Pic:

Proof of Service When a lawsuit is filed with the court, notice must be SERVED on the defendant. – Plaintiff can’t serve the defendant him/herself Proof of Service is then filed in the court stating that the defendant was served

ANSWER This is a document filed by the defendant responding to the allegations of the plaintiff Usually, this is a blanket denial of all of the plaintiff’s claims, at least initially Sample Answer for divorce in NJ: ey.com/publish/library/ANS WER%20&%20COUNTERCL AIM%20FORM%20B.2.pdf ey.com/publish/library/ANS WER%20&%20COUNTERCL AIM%20FORM%20B.2.pdf Pic:

Amended Complaint Only sometimes It updates the original complaint and may add or drop causes of action or add names of additional defendants More than one Amended Complaint can be filed

Cross-Complaints Sometimes filed by one or more defendants in a case Defendant usually blames someone else for whatever the plaintiff says the defendant did/did not do These cross-complaints do not become separate legal cases. They remain part of the original lawsuit and are handled by the same judge Example of a celebrity cross-complaint: custom/Festival_Dailies/Cross- Complaint%20Copy1[4.6.12].pdf custom/Festival_Dailies/Cross- Complaint%20Copy1[4.6.12].pdf

Restaurant Example Customer at a restaurant sues the restaurant because he got sick after eating there. The restaurant files a cross- complaint against the company that supplies the food, alleging that the company was responsible for the customer’s illness and the restaurant was harmed by the food supply company’s actions. Pic: Orangejuiceblog.com

Interrogatories This is a form of discovery They are written questions submitted by one party in the suit that are answered under oath by the other party They are used to try to find out the facts of the case NJ Interrogatories for Personal Injury case: df df

Depositions 2 nd form of discovery These documents are transcripts of interviews conducted under oath of people involved in the case Lots of biographical information on the people Questions and answers about the allegations in the lawsuit Conducted by attorneys Picture: Sample deposition of Paris Hilton!!! american-treasure american-treasure

Restraining Orders and Injunctions Documents signed by a judge ordering one side or the other to not engage in a particular action Restraining order – often called TRO – is usually granted by a judge when immediate action is needed to prevent one of the parties in a lawsuit from doing something that would harm the other Injunction – longer process where immediate action is not necessary and both sides are given the opportunity to argue more fully whether the injunction is warranted or not A judge may grant a preliminary injunction while a case is ongoing – or a permanent injunction, usually after a case has ended. In either case, the party that is the subject of the injunction is enjoined or barred from engaging in a particular action. Civil: /doc/ /50- Order-GRANTING-TRO /doc/ /50- Order-GRANTING-TRO Stalking Protective Order in Oregon: v/Lane/docs/stalkprotor dertempord0412.pdf v/Lane/docs/stalkprotor dertempord0412.pdf

Documents on Final Outcome of the Case Default Judgment – by a judge in favor of the plaintiff, if the defendant fails to contest the case Dismissal – by a judge, if the judge concludes the plaintiff’s case is without merit Out-of-court Settlement – plaintiff and defendant agree to a settlement. Very common resolution. A dismissal notice gets filed by one of the parties stating that the case is settled Pic:

Dismissal Can be with prejudice – which means the plaintiff is barred from filing a new lawsuit based on the same claim OR Without prejudice – which means the plaintiff can still file a new lawsuit based on the same claim, such as if the defendant does not carry through on the terms of the settlement

Jury Verdict/Judgment by Judge Jury or judge will rule in favor of either plaintiff or defendant or often a mix of the two Legal standard is “preponderance of the evidence” Judgment form will be filed in the court record stating how the jury or judge ruled on each individual allegation (“causes of action”) in the lawsuit. It will also list the damages awarded…

Damages Actual Damages – the actual monetary losses suffered by a plaintiff Punitive Damages – a monetary penalty punishing the defendant for malicious or egregious conduct