Chapter 21

Civil Justice

Civil Cases

Civil- – Plaintiff claims to have suffered a loss– Seeks damages ($$) from defendant– Includes a breech of Contract– Personal Injury (Negligence)– Family Court

Types of Civil Cases

Property Cases

Consumer Cases– Contracts, Warranties

Housing Cases– Landlords and tenants

Domestic Relations

Probate Cases– How to divide up land, wills

Civil Cases

A judge may issue an injunction

– This is a court order commanding a person or group stop a certain action

– So it keeps the action from taking place

• To bind up or restrain

Suit of Equity

– A suit brought for the enforcement or protection of a private right or the prevention of or redress for an injury where there is no plain, adequate, and complete remedy at law. 

Steps in a Civil Case

1. Bring Suit – File Complaint– Formal statement – Names defendant and describes the nature of

the suit• Ex: This is why Judge Judy always knows the

background and the responses she will receive from the two parties in court.

Steps Continued…

2. Defendant is sent a summons– This tells them the court date, time and

accusation against them

3. Defendant responds– The defendant answers the accusation with

their own version of the story

This action of Complaint and Answer are called Pleading

Steps continued…

4. Pretrial discussions– This meeting is called by the judge– Discovery occurs- gathering evidence and questioning

witnesses– Clarify differences– Parties may settle out of court– Mediation may occur– Arbitration is a binding decision

• So whatever is decided here is binding. You cannot agree to settle and then want to go on to a trial.

Civil Case Steps Continued…

5. Trial– Opening statements are given (plaintiff first,

then defendant)– In a civil trial there must be a preponderance of

evidence• Enough to persuade that the defendant was

responsible

• If the defendant wins, the plaintiff gets nothing and pays court costs

Steps Continued…

6. Appeal-– If the defendant or plaintiff care to appeal, then

errors are dealt with at this level– Remember:

• Appeals decide if there was an error in decision or in process, not the guilt or innocence of the parties involved.

• Only the losing side can appeal. Why would the winner want to?

Lawsuits

Frivolous Lawsuits

Jordan Lawsuit