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Ch. 5-3 Civil Procedure

Ch. 5-3 Civil Procedure. Key Terms. Plaintiff- The party that initiates the lawsuit by filing a complaint Defendant- The party complained against in a criminal or civil proceeding.

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Ch. 5-3 Civil Procedure

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  1. Ch. 5-3 Civil Procedure

  2. Key Terms • Plaintiff- The party that initiates the lawsuit by filing a complaint • Defendant- The party complained against in a criminal or civil proceeding. • Evidence- Anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts. • Testimony • Written documents • Records

  3. Key Terms (Cont.) • Testimony- Statements made by witnesses under oath. • Witness- Someone who has personal knowledge of the facts. • Expert Witness- Possesses superior knowledge about important facts • Subpoena- A written order by the judge commanding a person to appear, give testimony, present evidence. • Willful failure to appear in court after receiving that order is contempt of court. • Verdict- The jury’s decision • Judgment- The final result of the trial.

  4. Two types of remedies are generally available in a civil lawsuit for a tort, breach of contract, or other private party. • Damages • Injunction

  5. Injunction- A court order for a person to do or not do a particular act. • Temporary restraining order

  6. Damages- A monetary award by the court to a person who has suffered loss or injury because of the act or omission of another. • Two types of damages: • Compensatory (actual) • Punitive (exemplary)

  7. Compensatory damages- Meant to place the injured party in the position he or she was in prior to the injury or loss. • Lost wages • Doctor’s fees • Pain and suffering

  8. Punitive damages- A type of damages generally only awarded in intentional tort cases. Meant to punish the person who inflicted the injury.

  9. Contingency fee- Lawyers agreeing to handle a civil lawsuit for a percentage of a recovery. • Typically 25% if case is settled before trial • 33% if the case is won at trial • 40% or more if won on appeal

  10. Sequence of a Civil Court Case: • If a jury is used, the jury must be selected. • Judges decide issues of law • Juries decide facts of the case • Opening statements and Testimony • Opening statements briefly outline the case. • Testimony is heard from witnesses • Closing Arguments and Instructions to the jury • Jury deliberation and the verdict

  11. THE END

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