Civil Law

The Basics Plaintiff - The party bringing the lawsuit; can be either a private individual, a corporation or a government entity; Plaintiff - The party bringing the lawsuit; can be either a private individual, a corporation or a government entity; Plaintiff files a complaint and has the burden of proving their case Plaintiff files a complaint and has the burden of proving their case Preponderance of the Evidence - more likely than not, 51% Preponderance of the Evidence - more likely than not, 51% Defendant - The party accused of wrongdoing Defendant - The party accused of wrongdoing Cases seek to establish liability not guilt Cases seek to establish liability not guilt

Purpose Most civil lawsuits seek compensation for alleged wrongdoing: Most civil lawsuits seek compensation for alleged wrongdoing: The Plaintiff alleges that the Defendant’s actions have caused some injury; The Plaintiff alleges that the Defendant’s actions have caused some injury; The Plaintiff seeks financial compensation ($$$$) in order to be made whole; The Plaintiff seeks financial compensation ($$$$) in order to be made whole; Punitive Damages - designed to punish the wrongdoer Punitive Damages - designed to punish the wrongdoer Other civil cases deal with the use/ownership of property or relationships between family members Other civil cases deal with the use/ownership of property or relationships between family members

Your Rights in a Civil Suit 7th Amendment - Guarantees the right to a jury trial in civil matters; 7th Amendment - Guarantees the right to a jury trial in civil matters; Many other Constitutional protections do not apply: Many other Constitutional protections do not apply: Rights against self-incrimination are different; Rights against self-incrimination are different; Defendants can be forced to take the witness stand although they can then take the 5th; Defendants can be forced to take the witness stand although they can then take the 5th; No right to government provided counsel; No right to government provided counsel; No right to a speedy trial; No right to a speedy trial;

Contracts An agreement between two or more parties to exchange something of value An agreement between two or more parties to exchange something of value Offer Offer Acceptance Acceptance Consideration Consideration Quid Pro Quo - “Something for Something” Quid Pro Quo - “Something for Something” Contracts made with minors are void at the option of the minor; Contracts made with minors are void at the option of the minor; Oral v. Written Contracts Oral v. Written Contracts

Torts Tort - a wrongful act (other than breach of contract) for which there is a cause of action Tort - a wrongful act (other than breach of contract) for which there is a cause of action Types of Torts Types of Torts Intentional - a deliberate act that results in harm Intentional - a deliberate act that results in harm Ex. Battery, assault, defamation Ex. Battery, assault, defamation Negligence - involves careless or reckless behavior Negligence - involves careless or reckless behavior Duty - Did you owe a duty to the person injured? Duty - Did you owe a duty to the person injured? Breach - Did you fail to live up to the standard of care? Breach - Did you fail to live up to the standard of care? Causation - Did your action actually cause the injury? Causation - Did your action actually cause the injury? Damages - Did the injuries result in measurable damages? Damages - Did the injuries result in measurable damages?