Civil Case Flashcards
Pleadings
legal complaint made, hires lawyer, formal statement, name plaintiff and defendant, describes nature of lawsuit
Summons
Orders defendant to appear in court
Response
Defendants answer to complaint: admission of guilt, explanation of non guilty plea, rebuttal of charges, complaining there is no case, makes up pleadings
What happens in a civil case
- Pleadings
- Discovery
- Pre trial Discussions
- Trial
- Verdict
- Appeal
Discovery
Lawyers check facts, gather evidence, question witnesses of their party
Pretrial discussions: Mediation
Neutral third party brought into hear both sides of case, needs discussions to keep open, roll to help the two sides reach agreement
Civil case trial consists of how many members or who will hear the case alone
Jury 6-12 members or a judge will hear case alone
In a civil case trial who goes first
The plaintiff
Both sides make closing statements by summarizing their case in a
Civil trial
“Preponderance of evidence”
A civil trial, plaintiff must have presented enough evidence to persuade judge or jury that defendant is responsible for incident
Verdict in favor for the plaintiff
A remedy is set: Defendant must make up for the injury that was caused by the plaintiff
Verdict in favor of the defendant
The plaintiff gets nothing and must pay for court costs
A civil case appeal
Asking a higher court to review case after losing a court case