CIVIL PROCEDURE

Question 1

Difference between civil cases and criminal cases?

Answer 1

-Criminal law focuses on the punishment of antisocial activities
- Civil law focuses on the compensation or reparation of harms.

Question 2

Steps of Civil Procedure

Answer 2

1. Complaint/Petition
2. Summons and service of process
3. Answer/Counterclaim (defendant´ s actions)
4. Reply to counterclaim
5. Discovery (written discovery, document production and depositions)
6. Court motions
7. Opening statements
8. Witness testimony and cross examination
9. Closing arguments
10. Jury instruction
11. Jury deliberation and verdict

Question 3

Complaint

Answer 3

A complaint is a legal document that initiates a lawsuit, in which the plaintiff outlines their claim against the defendant, stating how the defendant violated their legal rights. This document can be filed directly by the plaintiff (pro se, meaning “for oneself” in Latin) or through an attorney. In the complaint, the plaintiff provides relevant facts and legal arguments to support their case and seeks a remedy from the court. The complaint serves as the foundation of the lawsuit, allowing the plaintiff to present their case to the court for consideration and potential resolution.

Question 4

SUMMONS

Answer 4

A summons is a form prepared by the plaintiff and issued by a court that informs the
defendant that they are being sued or are required to appear in court. It may be
served by a sheriff or other authorized person, such as the process server.
In the context of civil cases, “a summons is an instrument used to provide notice to
a party of civil proceedings and of the opportunity to appear and be heard.”

Question 5

DEFENDANT’S ACTION

Answer 5

-IGNORE
-MOTION TO DISMISS
-RESPONSE
-COUNTER CLAIM

Question 6

IGNORE

Answer 6

If a defendant fails to answer a
summons or appear to a trial, the plaintiff can get the court to enter a default judgement.

Question 7

MOTION TO DISMISS

Answer 7

The defendant can raise an objection to being sued that is unrelated to the merits of the case in the form of a Motion to
Dismiss.

Question 8

RESPONSE

Answer 8

The plaintiff may choose to provide the court with facts, arguments and evidences to persuade the decision maker

Question 9

COUNTER CLAIM

Answer 9

A claim for relief filed against an opposing party after the original claim is filed
Most commonly, a claim by the defendant against the plaintiff.

Question 10

MOTION

Answer 10

A MOTION is an application or request made to the court for the purpose of obtaining
a ruling or order directing some act to be done in favor of the applicant

Question 11

-DISCOVERY MOTION

Answer 11

Both parties to a lawsuit or case will collect information
and evidence that they can then use to build their case. Both parties can request information from one another to help establish the facts of
the case.

Question 12

MOTION TO COMPEL

Answer 12

Asking the judge to use the
power of the court to essentially force another party to do something that he or she has so far refused to do.

Question 13

MOTION TO STRIKE

Answer 13

Is requested when one of the parties wants something removed
from the court record.

Question 14

Motion for summary judgment

Answer 14

Asks the judge to make a decision on the case without going to trial.

Question 15

MOTION IN LIMINE

Answer 15

Seeks the exclusion of specific evidence or arguments from being presented during trial

Question 16

MOTION TO SET ASIDE JUDGEMENT

Answer 16

A request for the court to
nullify or vacate a judgment or verdict that had previously been reached in the case

Question 17

MOTION FOR A NEW TRIAL

Answer 17

Request that the court vacates the judgment and orders a new trial
to re-examine some or all of the matters from the concluded trial.

Question 18

DISCOVERY

Answer 18

Discovery is the pre-trial phase in a lawsuit where each party can request documents and evidence from the opposing side. This process can be initiated by serving a notice to examine, prepared by an attorney, or by a court order. Parties can compel the production of evidence using subpoenas or other discovery tools, such as requests for documents and depositions. Discovery helps narrow the issues by uncovering evidence that may not be accessible otherwise, enabling parties to assess the facts. It also promotes settlement by allowing a clearer understanding of the case before trial. Discovery requests can be denied if the information is irrelevant or protected by privilege.

Question 19

DEPOSITION

Answer 19

A proceeding in which a witness or party is asked to answer
questions orally under oath before a court reporter.

Question 20

INTERROGATORIES

Answer 20

Written questions sent by one party to the other party to be
answered in writing under oath.

Question 21

REQUEST FOR ADMISSION

Answer 21

A request to a party asking him/her to admit certain facts.

Question 22

REQUEST FOR PHYSICAL EXAMINATION

Answer 22

A request asking a party to get
himself/herself examined by a doctor if his/her health is at issue.

Question 23

REQUEST FOR PRODUCTION OF DOCUMENTS

Answer 23

A request to a party or other entity to
hand over certain defined documents.

Question 24

REQUEST FOR INSPECTION

Answer 24

A request by a party for permission to look at tangible items (other than writings) in the possession or control of the other party

Question 25

SUBPOENA

Answer 25

An order requiring a witness to appear in court or at a deposition.

Question 26

SUBPOENA DUCES TECUM

Answer 26

An order requiring a witness to turn over certain documents to a specific party or to bring them to a scheduled deposition

Question 27

TRIAL

Answer 27

Trials occur at the end of a lengthy process and happen in only a few cases. Discovery, research, negotiations, motions, and proceedings precede the trial. During the trial, parties present opening statements, evidence, witness examinations, and closing arguments, leading to a final verdict. This is the most adversarial stage.

Question 28

OPENING STATEMENTS

Answer 28

The opening statement is the lawyer’s first chance to address the jury in a trial. The party with the burden of proof (plaintiff in civil cases or prosecution in criminal cases) presents first, followed by the defendant. Its purpose is to preview the case, outline the dispute, and present facts and evidence favorably to support the counsel’s case theory.

Question 29

WITNESS EXAMINATION

Answer 29

This is the step of the trial where witnesses are presented to the court/jury for the
purpose of allowing the parties to ask questions to them.
Witnesses includes:

1. Lay witness: people who has information about the facts in dispute.
2. Character witness: people who ken the plaintiff or defendant or other involved in the case.
3. Expert witness: specialized witness with technical education on an area of science.

Question 30

RULES FOR EXAMINATION

Answer 30

Lawyers generally cannot ask leading questions of their own witnesses, except when questioning a hostile witness. Leading questions suggest the desired answer, like “Isn’t it true you saw John waiting across the street?” However, leading questions are allowed during cross-examination to test the credibility of prior statements, as the opposing lawyer is questioning the witness, who may resist false suggestions.

Question 31

OBJECTIONS

Answer 31

Objections are made by opposing counsel based on rules of evidence, such as asking a leading question, requesting an opinion, or seeking an answer based on rumors. The objecting lawyer must provide a legal reason, and the judge will either sustain or overrule the objection. If sustained, the lawyer must rephrase; if overruled, the witness answers. Overruled objections can be appealed after the trial.

Question 32

CLOSING ARGUMENTS

Answer 32

Closing arguments occur after the jury has heard the factual evidence, allowing each party to persuade them about its significance. This is an opportunity to remind jurors of key evidence and encourage them to adopt a favorable interpretation. Parties can use hypothetical analogies, comment on witness credibility, and explain how the evidence fits together, advocating why jurors should decide in their favor.

Question 33

VERDICT

Answer 33

While the jury has the power to decide cases and impose damages or injunctions in civil matters, the judge ultimately determines the fairness and reasonableness of the verdict. In criminal cases, the decision must be “beyond a reasonable doubt,” whereas in civil cases, it is based on a “preponderance of the evidence.” In civil suits, the judge can modify the jury’s awarded damages before entering judgment.