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Published byBaldwin Morris Modified over 9 years ago
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Civil Cases
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Civil Lawsuits Why do some people file civil suits? – Plaintiff claims to have suffered a loss or injury to themselves and usually seeks damages – or money – Defendant argues that the loss or injury did not occur or that they are not responsible for it – Courts job? To provide a place to resolve the differences
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Civil Lawsuits Involve: – Property disputes – Breaches of contract – Family matters involving two or more parties – Negligence (personal injury)
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Process 1. hire a lawyer, who files a complaint – The complaint names plaintiff and the defendant and describes the lawsuits – Defendant is sent a summon – document announcing that he/she is being sued, along with a time and place – Defendant responds with an answer – admitting or saying why they are not responsible. – Pretrial hearing – where suits are dropped, settlements are offered
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Process 2. Trial – Settlement not reached? Head to trial Can have a jury, not always necessary – Plaintiff only has to present a “preponderance of evidence” or enough to convince a judge or jury the defendant more likely than not was responsible – Losing side thinks they were “robbed”? Can appeal to a higher court
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