Civil Courts

Question 1

only a small minority of potential civil cases actually go to court?

Answer 1

True

Question 2

people who go to civil court seek what are called

Answer 2

remedies - things they are seeking the courts to give them

Question 3

the most common type of remedy is _______ to compensate for a loss

Answer 3

damages

Question 4

punitive damages

Answer 4

intended to punish a defendant for wrongdoing

Question 5

closely related to damages is restitution:

Answer 5

the return of something belonging to a person such as land or corporate bonds

Question 6

another kind of remedy is coercion

Answer 6

a party asks the court to require that another party either take a particular action or refrain form an action

Question 7

the most common form of remedy is injunction

Answer 7

a court orders action such as the halting of a labor strike

Question 8

final type of remedy is a declaration of legal rights

Answer 8

such as the termination of marriage through divorce or a ruling that a statute is unconstitional

Question 9

government gives power to courts to provide remedies as a means to serve two broad goals:

Answer 9

dispute resolution - the law offers remedies to people who have grievances in order to encourage the peaceful and orderly settlement of conflicts

behavior modification - the law opposes costs on certain kinds of behavior with the intent of discouraging that behavior

Question 10

the preponderance of cases fall into four categories:

these four cases all come under the heading of private law

a great majority of all civil cases are handled in state courts

Answer 10

contract cases - arise when one party to a contract claims that the other has violated its terms - ex is debt collection

personal injury - includes personal injury, property damage, and wrongful death cases - most personal injury cases fall under tort law

domestic relations - cases concern matters related to marriage

estate or probate - concern the assets of people who have died

Question 11

who are the most important participants in civil courts?

Answer 11

lawyers and judges

Question 12

class actions

Answer 12

one or more people sue on behalf of a larger set of people who share the same situation

Question 13

the parties to civil cases may be classified in several ways. Marc Galanter and other scholars have suggested the importance of THREE RELATED DISTINCTIONS

Answer 13

first: individuals and organizations - primarily businesses and governments
second: one shotters and repeat players - such as insurance companies, finance companies, and some government agencies who are engaged in many similar litigations over time
thirdly: economic status - haves and have-nots - halves generally come out ahead in litigation

Question 14

typical stages of processing of civil suits for damages or restitution

Answer 14

1) filing of a complaint by the plaintiff
2) serving of process on the defendant
3) filing of an answer to the complaint by the def
4) discovery of evidence: dispositons, interrogatories, and discovery of materials
5) pretrial conference and order
6) trial
7) verdict on liability and (where liability is found) the remedy
8) post-trial motions: for a judgment notwithstanding the verdict, to set aside the verdict
9) compliance with or enforcement of the judgment

Question 15

discovery

Answer 15

parties gather evidence from each other, primarily in three forms: depositions, interrogatories, and the discovery of documents and other materials

these proceedings were created to eliminate the surprise element at trial

Question 16

judge issued default judgement

Answer 16

against the defendant for failure to file an answer or to meet other procedural requirements

Question 17

either party may ask for a judgment on the basis of the pleadings

Answer 17

the judge can grant if the other party has failed to make sufficient allegations to support a case

Question 18

judge granted summary judgment

Answer 18

granted to one party on the ground that the law compels a decision in favor of that party

Question 19

judgment notwithstanding the verdict

Answer 19

on the ground that there was insufficient basis for the jury’s decision

Question 20

mediation

Answer 20

a mediator helps the parties reach a mutually acceptable resolution

attractive because parties retain control of outcome

Question 21

arbitration

Answer 21

parties turn a dispute over to an arbitrator who imposes a decision on them

Question 22

unattractive factors of litigation

Answer 22

expensive - cost of preparing and trying a case

parties lose control over the outcome - in the hands of the judge or jury, a case may produce a highly unfavorable result to one party

creates or exacerbates conflict between parties - trials pit people against each other in a very direct and serious way