Class 7 : Introduction to Civil Liability,

Question 1

What a civil case is called after it’s filed

Answer 1

It’s called a suit. A suit may be filled in a civil case based on one or several torts.

Question 2

What is a suit?

Answer 2

any proceeding by a party or parties against another in a court of law

Question 3

What is a tort

Answer 3

A civil wrong for which a

remedy may be obtained

Question 4

What is a remedy

Answer 4

is the means of enforcing a right or preventing or redressing a wrong

Question 5

Unjust Enrichment

Answer 5

A tort where one party claims that someone else benefited improperly at their expense

Question 6

Steps of a suit

Answer 6

1-Investigation
2-Pleadings
3-Discovery
4-(Alternatives to Litigation)
5-Motion for summary judgment (Ruling w/o trial)
6-Trial
7-Judgement
8-Appeal

Question 7

Investigation

Answer 7

The most important part , but not an official part of the civil suit.

Question 8

When does a civil suit begin

Answer 8

When a party or group of parties file a suit in a court of law. This called complaint.

Question 9

What is a complain

Answer 9

The initial pleading that starts a civil action

Question 10

Cross-complaint

Answer 10

Claim by a defendant against plaintif

Question 11

Joinder

Answer 11

Plaintiff adds additional defendants

Question 12

Impleader

Answer 12

(Defendant adds additional defendants “they’re to blame, not me!”)

Question 13

Intervenor

Answer 13

(3rd party steps in as P or D)

Question 14

Interpleader

Answer 14

(“I don’t know whose this is, so court figure it out!”)

Question 15

Discovery”

Answer 15

Is the process by which all parties are allowed to investigate the claim through various methods

Question 16

Step of discovery

Answer 16

• *Interrogatories – Questions each party asks the other to answer
• *Depositions – Recorded interviews with various witnesses and the parties
• *Subpoenas – Court orders requesting documents or other evidence
• *Expert Witnesses – Examine information obtained and give an “expert” opinion

Question 17

Motion to dismiss

Answer 17

A party being sued will frequently file a “motion to dismiss”

A “motion to dismiss” is a request for the court to end the case (or a specific claim) without further hearings

There are two different ways that a case can be dismissed:
With prejudice
Without prejudice

Question 18

motion for summary judgment

Answer 18

To avoid Trial - That motion says that everyone agrees about the facts, but that the law requires a particular outcome

Question 19

Alternatives to Litigation

Answer 19

• *Settlement (parties agree to resolve dispute)
• *Mediation (3rd party helps form an agreement)
• *Arbitration (3rd party resolves dispute)

Question 20

Types of damages

Answer 20

Monetary Relief, Equitable relief (not money).

Question 21

What is negligence?

Answer 21

the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation