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Civil Suits (Chapter 16, Section 1)
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I. Opposing Parties Plaintiff – party bringing up the suit or filing the complaint Defendant – party being sued Adversary system – opposing sides in every case means it is dependent upon which side presents the most evidence.
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II. Types of Civil Suits Disputes over property Breaches of contract
Family matters (divorce, child custody, adoption, etc.) Negligence – someone is injured or killed due to carelessness of another.
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III. Steps in a civil case:
“Retaining” a lawyer File complaint Summons to defendant Sets a court date Defendant’s lawyer responds (answer to the complaint) Complaint + answer = pleadings
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III. Steps in a civil case:
Discovery process – gather evidence Pretrial hearing: a.) offer settlement b.) mediation – reach an agreement c.) arbitration – professional judge- like person who hears both sides and resolves the dispute with a binding decision.
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III. Steps in a civil case:
Trial – plaintiff must present a “preponderance of evidence” opening statements Plaintiff’s evidence Defendant’s response Cross examine witnesses Closing statements Verdict: either “responsible” or “not responsible” appeals
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