1. 5-3 Civil Procedure GOALS
State the legal remedies that are available to a tort victim
Describe the procedure used to try a civil case
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2. REMEDIES AVAILABLE IN A CIVIL SUIT
Injunction – court order for a person to do or not do a particular act
Damages
Compensartory
meant to place the injured party in the position he/she was in prior to the injury or loss
Punitive
punish person who inflicted the injury
Generally only awarded in intentional tort cases
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3.    What’s Your Verdict?
Horsley, the owner of a dry cleaning store, lived next door to Eardly, who ran a competing dry cleaning store in the same town. The two quarreled frequently and became enemies. One summer night Eardly composed, printed and secretly posted around town a flyer accusing Horseley of dealing drugs out of Horsley’s store. The accusation was untrue and defamatory. Several witnesses saw Eardly posting the flyers.
What kind of damages could Horsley collect from Eardly in a lawsuit?
Horsley could recover both compensatory damages (provable business loss) and punitive damages (punish Eardly for his conduct).
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4. PROCEDURE FOR A CIVIL CASE
Initiation of the case
Plaintiff
Files initial complaint
Complaint
Allegations detailing injury received
Asks for appropriate relief, usually $$ and/or injuction
Defendant
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5. PROCEDURE FOR A CIVIL CASE
Initiation of the case
Summons
Court order to appear in court to answer complaint
Answer
Defendant’s response to complaint
Discovery
Depositions
Sworn statements
Interrogatories
Written questions answered by both parties
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6. PROCEDURE FOR A CIVIL CASE
Judge or jury
Judge decides issues of law
Juries decide issues of fact
Opening statements and testimony
Evidence
Testimony
Witness
Personal knowledge of the facts
Expert witness
Possesses superior knowledge about important facts
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7. PROCEDURE FOR A CIVIL CASE
Closing arguments and instructions to the jury
Jury deliberation and the verdict
Preponderance of the evidence
Greater or more convincing weight of the evidence
Verdict
Jury’s decision
Judgment
Final result of the trial
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8.    What’s Your Verdict?
After their cars collided at a four-way stop intersection, Claxson filed suit against DaLucia, the other driver. In his complaint initiating the case Claxson claimed that DaLucia caused the accident by failing to stop for his stop sign. DaLucia was served with a copy of the comploaint and a summons. A month passed, and DaLucia did not file an answer to Claxson’s complaint.
What is the court likely to do as a result of DaLucia failing to file a timely answer?
If the defendant does not answer in a timely fashion, a default judgement will be entered by the court.
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9. HOW ARE CIVIL DAMAGES COLLECTED?
Defendant is ordered to pay
Writ of execution – process by which a judgment for money is enforced
Court directs defendant’s property to be seized or sold
Court takes costs of seizure and sale out of the proceeds
Left over funds are used to pay the judgment
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10.    What’s Your Verdict?
Stevens won a judgment for $35,000 in a civil suit against Alvarex. Alvarez objected, but did not appeal becaues her lawyer told her that there was no basis for appeal. Alvarez stubbornly refused to pay.
What steps could Stevens take to collect the judgment?
Stevens could get a writ of execution from the court.
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