Overview of due Process Civil Cases

1. Civil Law
For use with section 16.1

2. I. WHAT HAPPENS IN A CIVIL CASE?
A. Pleadings
B. Discovery
C. Pretrial Discussions
D. Trial
E. Verdict
F. Appeal

3. I. WHAT HAPPENS IN A CIVIL CASE?
A. Pleadings
1) Complaint
 individual hires a lawyer
 files this formal statement with the proper court
 names the plaintiff and defendant
 describes the nature of the lawsuit

4. I. WHAT HAPPENS IN A CIVIL CASE?
A. Pleadings
2) Summons
 official document from the court describing to the
defendant the suit against him and ordering him to
appear in court

5. I. WHAT HAPPENS IN A CIVIL CASE?
A. Pleadings
3) Response
 this is the defendant’s answer to the complaint
 may be an admission, an explanation, or rebuttal of the
charges
 together with the complaint these make up the
pleadings

6. I. WHAT HAPPENS IN A CIVIL CASE?
B. Discovery
 lawyers from both sides have the opportunity to check
facts, gather evidence, and question witnesses and the
other party

7. I. WHAT HAPPENS IN A CIVIL CASE?
C. Pretrial Discussions
 conference called by the judge with both parties to help
clarify the differences and prepare for trial

8. I. WHAT HAPPENS IN A CIVIL CASE?
C. Pretrial Discussions
1. Drop the Suit
 if the plaintiff believes his case to be too weak, he may
withdraw his lawsuit

9. I. WHAT HAPPENS IN A CIVIL CASE?
C. Pretrial Discussions
2. Settle
 if the defendant believes the case is too strong against
him he may wish to settle the case without a trial
 this option saves both sides a lot of time and money

10. I. WHAT HAPPENS IN A CIVIL CASE?
C. Pretrial Discussions
3. Mediation
 a neutral 3rd party is brought in to hear both sides of the
case
 a mediator will lead the discussions trying to keep
discussions open
 the role of the mediator is to help the two sides reach an
agreement or settlement

11. I. WHAT HAPPENS IN A CIVIL CASE?
C. Pretrial Discussions
4. Arbitration
 both sides may agree to arbitration where the decision is
binding on both parties
 a third party reviews each side of the case and makes a
decision

12. I. WHAT HAPPENS IN A CIVIL CASE?
D. Trial
 must be a jury of 6 to 12 members or a judge will hear the
case alone
 both sides present their case and evidence and witnesses –
plaintiff first
 before deliberations (the jury or judge taking time to think
over the evidence) both sides make their closing statements
by summarizing their case

13. I. WHAT HAPPENS IN A CIVIL CASE?
D. Trial
1) “preponderance of evidence”
 in a civil trial, the plaintiff must have presented enough
evidence to persuade the judge or jury that the
defendant is responsible for the incident that caused
the damages

14. I. WHAT HAPPENS IN A CIVIL CASE?
E. Verdict
1) If for the plaintiff...
 a remedy is set – remedy is the way the defendant
must make up for the injury that was caused to the
plaintiff

15. I. WHAT HAPPENS IN A CIVIL CASE?
E. Verdict
2) If for the defendant...
 the plaintiff gets nothing and must pay court costs

16. I. WHAT HAPPENS IN A CIVIL CASE?
F. Appeal
 asking a higher court to review the case
 may be done if the losing side believes the judge made
errors during the trial or an injustice has taken place
 this often means that it can be years before a winning
plaintiff actually receives any money