3.B Civil Cases Flashcards
Interest groups
Provides a lawyer and all necessary expenses for court when sponsoring a test case in order to get public policies passed
-ACLU primary way of getting policies passed
Steps/stages in a civil case
- plaintiff filling a complaint
- serving of process to defendant
- motions or answer by defendant
- discovery of evidence
- pretrial conference
- pretrial settlement (possibly)
- trial
- Appealing verdict
preliminary
where to file a law suit, plaintiffs choice when there is more than one court that hold venue
plaintiff filing a complaint
- written statement containing allegation put forth by the plaintiff against the defendant
- small fee= claim ways the defendant caused harm
serving of process to defendant
- certified mail must be signed for
- most common wau of serving from the clerks office of the court
- sheriffs department
- professional process server
- if defendant fails to respond in time they could lose on a default judgement
motions or answer by defendant
- motion to dismiss=no material facts to dispute
- answer= defendant denies plaintiffs claims or files a counterclaim sueing plaintiff for the same thing
- counter claim works the same way in terms of responding in time
discovery of evidence
- no right to a speedy trail
- should be no surprise at trial
- allows you to better asses the other sides case
- interrogates
- depositions
- discovery of documents and other material facts
- with court permission you can gain access to other parties info like material records
interrogates
written questions submitted by one party to the other which the other party under oath answers in written form
depositions
orally asked questions of anyone being deposed orally answers the questions, typically done on key witnesses of other party
pretrial conference
purpose: simplify case
- stipulations or stipulated facts-agreed to by lawyers-no evidence need be presented (involves lawyers and judges)
- witnesses testify on what lawyers disagree on
- discussion of possible settlement
pretrial settlement (possibly)
90% nationally and in Maryland settled before trial
trial
- 6 person jury trial in civil cases (used by Maryland and many MD district courts)
- plaintiffs lawyer opens with evidence that proves plaintiff was hurt by defendant and points out weaknesses in defenses evidence
- defense attorneys turn
- burden of proof and plaintiffs attorney
- pattern involving neutral questions, cross examination, redirect examination- funnel effect
motion for a directed verdict
defense attorney says your honor, plaintiff has no burden of proof, trail should end now and claim defense side wins
IF denied motion for a directed verdict
defense attorney presents evidence through witness
- funnel effect continues
- plaintiffs lawyers could present rebuttle evidence but that typically doesn’t happen
- sir-rebuttle (very rare)
- closing argument= more time in a civil case then non criminal
- defense attorney can NEVER reserve time
- plaintiffs attorney can split time
- more time given for cases that have gone longer
Jury trials instruction to jury
- judge must clearly explain to jury the plaintiffs burden of proof
- defendant only has burden of proof in counterclaim
- 50% of evidence plus one more piece - in jury trial: jury determines which party wins/loses
- assume verdict is given hung jury
- judges advise whether jury should raise/lower monetary award
