16.1 Civil Cases16.1 Civil Cases

Civil Lawsuits Civil Lawsuits • In civil cases the In civil cases the plaintiff-plaintiff- the party the party

bringing a lawsuit- claims to have bringing a lawsuit- claims to have suffered a loss and usually seeks suffered a loss and usually seeks damages from the damages from the defendantdefendant who who argues either the loss did not occur or argues either the loss did not occur or that they are not responsible for itthat they are not responsible for it

Civil Lawsuits Civil Lawsuits • Lawsuits may involve property disputes, breach Lawsuits may involve property disputes, breach

of contract, or family matters; many deal with of contract, or family matters; many deal with negligencenegligence, or personal injury due to someone, or personal injury due to someone’’s s carelessness carelessness

Bringing Suit Bringing Suit •Hire a lawyer who Hire a lawyer who

files a files a complaintcomplaint with the court, it with the court, it is a formal is a formal statement naming statement naming the plaintiff and the plaintiff and defendant and defendant and describing the describing the nature of the nature of the lawsuitlawsuit

Bringing Suit Bringing Suit •The court then The court then

sends the sends the defendant a defendant a summonssummons, a , a document that document that announces the announces the defendant is being defendant is being sued, and sets a sued, and sets a date and time to date and time to appear in court appear in court

The DefendantThe Defendant’’s s ResponseResponse

•The defendant may The defendant may respond to the respond to the charges by having charges by having his attorney file an his attorney file an ““answeranswer”” to the to the complaint; the complaint; the complaint and complaint and answer together answer together are referred to as are referred to as pleadingspleadings

Pleadings filed to the FL Supreme Court Nov. 2000

The DefendantThe Defendant’’s s ResponseResponse

• Before a trial lawyers check facts and gather Before a trial lawyers check facts and gather evidence by questioning the other party and evidence by questioning the other party and witnesses, this process is called witnesses, this process is called discoverydiscovery

Pretrial HearingPretrial Hearing• If a plaintiff and their If a plaintiff and their

lawyer decide the case lawyer decide the case looks weak they may want looks weak they may want to to dropdrop the suit the suit

• If the defendant believes If the defendant believes the plaintiffthe plaintiff’’s case is strong s case is strong and they are likely to win and they are likely to win they may offer them a they may offer them a settlementsettlement, in which the , in which the parties agree on an parties agree on an amount of money the amount of money the defendant will pay the defendant will pay the plaintiffplaintiff

Pretrial HearingPretrial Hearing• Another way to resolve disputes is by Another way to resolve disputes is by mediationmediation, ,

where each side is given the opportunity to where each side is given the opportunity to explain their side to a mediator who helps them explain their side to a mediator who helps them find a solutionfind a solution

Pretrial HearingPretrial Hearing•They may also submit to They may also submit to arbitrationarbitration, ,

where a third party reviews the case where a third party reviews the case and acts like a judge resolving the and acts like a judge resolving the disputedispute

•Most Most civil casescivil cases are settled before trial are settled before trial because they are time-consuming and because they are time-consuming and expensive and all sides are likely to expensive and all sides are likely to prefer a settlement prefer a settlement

Trial Trial • If the parties do not settle, the case If the parties do not settle, the case

goes to goes to trialtrial; there may be a jury, or a ; there may be a jury, or a judge who will hear the case alone; judge who will hear the case alone; both sides present their casesboth sides present their cases

• In criminal trials the prosecution must In criminal trials the prosecution must prove the defendant guilty prove the defendant guilty ““beyond a beyond a reasonable doubtreasonable doubt””

Trial Trial • In a civil case the plaintiff has to present only a In a civil case the plaintiff has to present only a

““preponderance of preponderance of evidenceevidence”” enough to persuade enough to persuade the judge or jury the defendant was responsible the judge or jury the defendant was responsible for the incidentfor the incident

Trial Trial •After all After all

evidence has evidence has been presented been presented the judge or jury the judge or jury will decide on a will decide on a verdictverdict, or , or decision in favor decision in favor of one of the of one of the partiesparties

Trial Trial • If the plaintiff wins, a If the plaintiff wins, a remedyremedy is set; if the is set; if the

defendant wins, the plaintiff gets nothing and defendant wins, the plaintiff gets nothing and must pay court costs for both sides of the lawsuit must pay court costs for both sides of the lawsuit

Appeal Appeal • If the losing side feels the judge made errors or If the losing side feels the judge made errors or

some other injustice took place, it may some other injustice took place, it may appealappeal the the verdict to a higher court verdict to a higher court