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Introduction to Civil Law

Introduction to Civil Law. Civil Complaint. Summarizes the plaintiff’s contentions Explains what damages are being sought against the defendant Look at some great civil complaints!!! Courtney Love: http:// www.thesmokinggun.com/file/courtney-love-sued-over-rehab-bill

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Introduction to Civil Law

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  1. Introduction to Civil Law

  2. Civil Complaint • Summarizes the plaintiff’s contentions • Explains what damages are being sought against the defendant • Look at some great civil complaints!!! • Courtney Love: http://www.thesmokinggun.com/file/courtney-love-sued-over-rehab-bill • http://www.thesmokinggun.com/file/couple-sues-google-over-street-view (Couple sues Google over “Street View”) • Pic: www.m.brobible.com

  3. Proof of Service • When a lawsuit is filed with the court, notice must be SERVED on the defendant. • Plaintiff can’t serve the defendant him/herself • Proof of Service is then filed in the court stating that the defendant was served

  4. ANSWER • This is a document filed by the defendant responding to the allegations of the plaintiff • Usually, this is a blanket denial of all of the plaintiff’s claims, at least initially • Sample Answer for divorce in NJ: http://www.divorcenewjersey.com/publish/library/ANSWER%20&%20COUNTERCLAIM%20FORM%20B.2.pdf • Pic: www.priv.gc.ca

  5. Amended Complaint • Only sometimes • It updates the original complaint and may add or drop causes of action or add names of additional defendants • More than one Amended Complaint can be filed

  6. Cross-Complaints • Sometimes filed by one or more defendants in a case • Defendant usually blames someone else for whatever the plaintiff says the defendant did/did not do • These cross-complaints do not become separate legal cases. They remain part of the original lawsuit and are handled by the same judge • Example of a celebrity cross-complaint: http://www.hollywoodreporter.com/sites/default/files/custom/Festival_Dailies/Cross-Complaint%20Copy1[4.6.12].pdf

  7. Restaurant Example • Customer at a restaurant sues the restaurant because he got sick after eating there. The restaurant files a cross-complaint against the company that supplies the food, alleging that the company was responsible for the customer’s illness and the restaurant was harmed by the food supply company’s actions. • Pic: Orangejuiceblog.com

  8. Interrogatories • This is a form of discovery • They are written questions submitted by one party in the suit that are answered under oath by the other party • They are used to try to find out the facts of the case • NJ Interrogatories for Personal Injury case: http://www.judiciary.state.nj.us/rules/app2.pdf

  9. Depositions • 2nd form of discovery • These documents are transcripts of interviews conducted under oath of people involved in the case • Lots of biographical information on the people • Questions and answers about the allegations in the lawsuit • Conducted by attorneys • Picture: www.zimbio.com • Sample deposition of Paris Hilton!!! http://www.thesmokinggun.com/file/paris-hilton-american-treasure

  10. Restraining Orders and Injunctions • Documents signed by a judge ordering one side or the other to not engage in a particular action • Restraining order – often called TRO – is usually granted by a judge when immediate action is needed to prevent one of the parties in a lawsuit from doing something that would harm the other • Injunction – longer process where immediate action is not necessary and both sides are given the opportunity to argue more fully whether the injunction is warranted or not • A judge may grant a preliminary injunction while a case is ongoing – or a permanent injunction, usually after a case has ended. In either case, the party that is the subject of the injunction is enjoined or barred from engaging in a particular action. • Civil: http://www.scribd.com/doc/47676627/50-Order-GRANTING-TRO • Stalking Protective Order in Oregon: http://courts.oregon.gov/Lane/docs/stalkprotordertempord0412.pdf

  11. Documents on Final Outcome of the Case • Default Judgment – by a judge in favor of the plaintiff, if the defendant fails to contest the case • Dismissal – by a judge, if the judge concludes the plaintiff’s case is without merit • Out-of-court Settlement – plaintiff and defendant agree to a settlement. Very common resolution. A dismissal notice gets filed by one of the parties stating that the case is settled • Pic: www.stus.com

  12. Dismissal • Can be with prejudice – which means the plaintiff is barred from filing a new lawsuit based on the same claim OR • Without prejudice – which means the plaintiff can still file a new lawsuit based on the same claim, such as if the defendant does not carry through on the terms of the settlement

  13. Jury Verdict/Judgment by Judge • Jury or judge will rule in favor of either plaintiff or defendant or often a mix of the two • Legal standard is “preponderance of the evidence” • Judgment form will be filed in the court record stating how the jury or judge ruled on each individual allegation (“causes of action”) in the lawsuit. It will also list the damages awarded…

  14. Damages • Actual Damages – the actual monetary losses suffered by a plaintiff • Punitive Damages – a monetary penalty punishing the defendant for malicious or egregious conduct

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