Chapter 21 Civil Justice

Civil Cases Civil- –Plaintiff claims to have suffered a loss –Seeks damages ($$) from defendant –Includes a breech of Contract –Personal Injury (Negligence) –Family Court

Types of Civil Cases Property Cases Consumer Cases –Contracts, Warranties Housing Cases –Landlords and tenants Domestic Relations Probate Cases –How to divide up land, wills

Civil Cases A judge may issue an injunction –This is a court order commanding a person or group stop a certain action –So it keeps the action from taking place To bind up or restrain Suit of Equity –A suit brought for the enforcement or protection of a private right or the prevention of or redress for an injury where there is no plain, adequate, and complete remedy at law.

Steps in a Civil Case 1. Bring Suit – File Complaint –Formal statement –Names defendant and describes the nature of the suit Ex: This is why Judge Judy always knows the background and the responses she will receive from the two parties in court.

Steps Continued… 2. Defendant is sent a summons –This tells them the court date, time and accusation against them 3. Defendant responds –The defendant answers the accusation with their own version of the story This action of Complaint and Answer are called Pleading

Steps continued… 4. Pretrial discussions –This meeting is called by the judge –Discovery occurs- gathering evidence and questioning witnesses –Clarify differences –Parties may settle out of court –Mediation may occur –Arbitration is a binding decision So whatever is decided here is binding. You cannot agree to settle and then want to go on to a trial.

Civil Case Steps Continued… 5. Trial –Opening statements are given (plaintiff first, then defendant) –In a civil trial there must be a preponderance of evidence Enough to persuade that the defendant was responsible If the defendant wins, the plaintiff gets nothing and pays court costs

Steps Continued… 6. Appeal- –If the defendant or plaintiff care to appeal, then errors are dealt with at this level –Remember: Appeals decide if there was an error in decision or in process, not the guilt or innocence of the parties involved. Only the losing side can appeal. Why would the winner want to?

Lawsuits Frivolous Lawsuits Jordan Lawsuit