civil litigation begins with pleadings: formal papers filed with the court by the plaintiff and...
TRANSCRIPT
Civil Case ProceduresCivil litigation begins with pleadings: formal papers
filed with the court by the plaintiff and defendant.Plaintiff- the person bringing the lawsuit.Defendant- the person who the lawsuit is againstThe complaint expresses the plaintiff’s claims against
the defendant.
Pretrial Hearing - Before the trial takes place, a pretrial hearing
occurs.This hearing is an informal meeting before the judge.
Steps in Trial - When a case is filed, parties must decide
whether they want a jury trial or a court trial.In a court trial, there is no jury, and a judge makes
the decisions.If and when a jury trial is requested, trial then
begins by choosing the jury members. Jury decides verdict
Selecting the Jury The judge has a jury drawn from the group of
people who have called to serve.Jury determines the facts of the case, and applies
the laws to those facts.Lawyers question each juror to predict whether
they will be fair or unfair.
Lawyers consider the juror’s: Background Education Experience Relationship Attitudes Employment
Arguments and Evidence After jury members are chosen, lawyers then make
opening statements.Opening Statements- explain what the lawyers intend to
prove.Plaintiff’s lawyer speaks first, followed by the defendant’s
lawyer. Plaintiff’s lawyer presents all the plaintiff’s evidence,
then witnesses testify.
Defense lawyer has the chance to cross-examine the plaintiff’s witnesses.
Cross-examination – test the truth of the witness’s statements.
When both lawyers are done, they rest their cases.Plaintiff’s lawyer is the first to give a closing
argument, followed by the defense lawyer.Each lawyer gives a summary and explanation on why
the judge or jury should go in the clients favor.
Instructions to the Jury Judge must explain the law to the jury.Lawyers from both ends may suggest instructions.
Verdict and Judgment
Jury members then go to the jury room to discuss the case, and decide who won the suit or verdict.
Following the jury’s verdict, the court issues a judgment.
Judgment is the court’s determination of liability in the case, or who is responsible for what.
If no jury is available, the judge then issues findings of fact, and then conclusions of law and a judgment.
RemediesWhen a defendant is found liable in a civil trial, the
plaintiff is granted a remedy.Courts provide two types of remedies:
Money Requires some other action by the defendant.
Execution of Judgment A judgment is enforced when the judge issues an execution
order.Sheriff might be ordered to take some of the property that
belongs to the losing party, and then sell that property in an action.
Money from the sale will then be distributed to pay the winning party.
The Appeal Process Parties are permitted to appeal the judgment of the court.Appeal process is different from trial. An appeal can only be based on a legal mistake by the
judge.There is no retrial at the appellate levelThe lawyers argue their case before, which then can
Affirm Reverse Remand
The case back to the lower court