Intro to Law Flashcards
Define Civil Procedure
Set of rules and laws that explain how civil lawsuits work.
What are some reasons you would sue someone?
People might sue others for various reasons, like if someone hurts them or damages their property, breaks a contract, or doesn’t fulfill a legal obligation.
What is a criticism of the role of money in the civil system
It is really hard to sue companies with tons and tons of money, because they just have to out money you. Therefore ending up settling because not enough money.
Define Litigation
This means going to court to settle a dispute. It usually involves two parties arguing their case in front of a judge or jury.
Define Tort
The civil lawsuit’s equivalent to a crime in a criminal trial. A civil “wrong.” The civil equivalent to a crime.
Define Damages
Money paid to “right” a tort (a civil wrong). or Injuries or losses
Define Liability
Being responsible for something/someone. You must have acted in an unreasonable and unsafe manner.
How is strict liability different?
Strict liability means there does not need to be fault. You could be incredibly safe but still be found liable.
What is negligence?
Behavior that falls below a standard of care to protect others.
What does the four elements of negligent mean?
if you can’t prove all 4, it isn’t negligence!
Duty
there was a duty of care
Breach of duty
person violated that duty
Causation
person caused the harm
Damages in negligents
person suffered injuries/loses
- (Suit is Filed)
The complaint is a legal document that starts a lawsuit, outlining the plaintiff’s claims against the defendant.
The summons is a notice to the defendant, informing them that they are being sued and providing them with a copy of the complaint.
- (Incident Occurs)
Someone causes someone else harm, physically, mentally, or financially.
- (Decisions)
Plantiff makes the decision to sue. This stage is where most of the money is used
- (Reply)
The defendent can either answer the claims or file a motion to dismiss.
- (Discovery)
Drawn out process of gathering evident. It is the longest part of the lawsuit. Most people settle in the discovery because they either don’t have enough money, or don’t have enough evidence.
6 (Trial)
Jury or Judge decide whether the person is responsible or not responsible.
many cases do not make it to the trial part, they end up settling
What is the purpose of discovery?
The purpose of discovery is so both sides can obtain evidence to build and defend their case.
Gathering enough information possible about the incident.
This process includes positions where they are allowed to interview witnesses.
What is an expert witness? (Think back to the movie)
An expert witness is someone with specialized knowledge or expertise in a particular field who is called upon to provide their opinion or analysis on certain matters relevant to the case.
What is the first step in a lawsuit trial?
Judge enters and takes the bench
What is the second step in a lawsuit trial?
Preliminary motions are addressed by the judge
Ex: is certain evidence admissible?, (should there be a change of venue?)
What is the third step in a lawsuit trial?
Voir Dire (questioning by the attorneys and judge to ensure an impartial jury) conducted by jury pool (If jury trial) Jury selected.
What is the fourth step in a lawsuit trial?
Clerk calls the case
What is the fifth step in a lawsuit trial?
plaintiff makes an opening statement
What is the sixth step in a lawsuit trial?
defense makes an opening statement
What is the seventh step in a lawsuit trial?
Plaintiff presents their case
a. Conducts direct examination
b. Then defendant cross examines the witness
What is the eight step in a lawsuit trial?
Defense presents case
a. Direct exames
b. The plaintiff cross examines
What is the ninth step in a lawsuit trial?
Plantiff makes a closing argument
What is the tenth step in a lawsuit trial?
Defense make a closing argument
What is the eleventh step in a lawsuit trial?
Jury instructions
What is the twelfth step in a lawsuit trial?
Jury/Judge deliberations
What is the thirteenth step in a lawsuit trial?
Decisions/Judgement
What is the fourteenth step in a lawsuit trial?
Order issued
What are compensatory damages?
These are damages awarded with money to compensate the plaintiff for their actual losses or harm suffered as a result of the defendant’s actions.
What are punitive damages?
Punitive damages are additional damages awarded to punish the defendant for their behavior and to prevent similar conduct in the future.
What is the burden of proof in a civil trial? What does it mean (think %):
In a civil trial, the burden of proof is typically on the plaintiff, who must prove their case by a preponderance of the evidence.
This means they must show that it is more likely than not (usually over 50%) that the defendant is responsible for the harm or loss claimed.
Common Law
Law that is created by judicial decisions and precedent, not by being written down.
