Ch. 5-3Ch. 5-3

Civil Procedure Civil Procedure

Key TermsKey Terms Plaintiff- The party that initiates the lawsuit by Plaintiff- The party that initiates the lawsuit by

filing a complaintfiling a complaint

Defendant- The party complained against in a Defendant- The party complained against in a criminal or civil proceeding.criminal or civil proceeding.

Evidence- Anything that the judge allows to be Evidence- Anything that the judge allows to be presented to the jury that helps to prove or presented to the jury that helps to prove or disprove the alleged facts.disprove the alleged facts. TestimonyTestimony Written documentsWritten documents RecordsRecords

Key Terms (Cont.)Key Terms (Cont.) Testimony- Statements made by witnesses under Testimony- Statements made by witnesses under

oath.oath.

Witness- Someone who has personal knowledge of Witness- Someone who has personal knowledge of the facts.the facts.

Expert Witness- Possesses superior knowledge about Expert Witness- Possesses superior knowledge about important factsimportant facts

Subpoena- A written order by the judge commanding Subpoena- A written order by the judge commanding a person to appear, give testimony, present evidence.a person to appear, give testimony, present evidence. Willful failure to appear in court after receiving that order is Willful failure to appear in court after receiving that order is

contempt of court.contempt of court. Verdict- The jury’s decisionVerdict- The jury’s decision

Judgment- The final result of the trial.Judgment- The final result of the trial.

Two types of remedies are generally Two types of remedies are generally available in a civil lawsuit for a tort, available in a civil lawsuit for a tort, breach of contract, or other private breach of contract, or other private party.party.

DamagesDamages

InjunctionInjunction

Injunction- A court order for a Injunction- A court order for a person to do or not do a particular person to do or not do a particular act.act.

Temporary restraining orderTemporary restraining order

Damages- A monetary award by the Damages- A monetary award by the court to a person who has suffered court to a person who has suffered loss or injury because of the act or loss or injury because of the act or omission of another.omission of another.

Two types of damages:Two types of damages: Compensatory (actual)Compensatory (actual) Punitive (exemplary)Punitive (exemplary)

Compensatory damages- Meant to Compensatory damages- Meant to place the injured party in the place the injured party in the position he or she was in prior to the position he or she was in prior to the injury or loss.injury or loss. Lost wagesLost wages Doctor’s feesDoctor’s fees Pain and sufferingPain and suffering

Punitive damages- A type of Punitive damages- A type of damages generally only awarded damages generally only awarded in intentional tort cases. Meant to in intentional tort cases. Meant to punish the person who inflicted punish the person who inflicted the injury.the injury.

Contingency fee- Lawyers agreeing Contingency fee- Lawyers agreeing to handle a civil lawsuit for a to handle a civil lawsuit for a percentage of a recovery.percentage of a recovery.

Typically 25% if case is settled before Typically 25% if case is settled before trialtrial

33% if the case is won at trial33% if the case is won at trial 40% or more if won on appeal40% or more if won on appeal

Sequence of a Civil Court Case:Sequence of a Civil Court Case:

If a jury is used, the jury must be If a jury is used, the jury must be selected.selected. Judges decide issues of lawJudges decide issues of law Juries decide facts of the caseJuries decide facts of the case

Opening statements and TestimonyOpening statements and Testimony Opening statements briefly outline the Opening statements briefly outline the

case.case. Testimony is heard from witnessesTestimony is heard from witnesses

Closing Arguments and Instructions to Closing Arguments and Instructions to the jurythe jury

Jury deliberation and the verdictJury deliberation and the verdict

THE ENDTHE END