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Chapter 6 Personal Injury Laws

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Chapter 6 Personal Injury Laws. Lesson 6-3 Civil Procedure. What Can a Tort Victim Collect?. Injunction--a court order to do or not to do a particular act Damages--monetary award to the injured party to compensate for loss

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Presentation Transcript
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Chapter 6Personal Injury Laws

Lesson 6-3

Civil Procedure

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What Can a Tort Victim Collect?

  • Injunction--a court order to do or not to do a particular act
  • Damages--monetary award to the injured party to compensate for loss
    • purpose is to place the injured party in the same financial position as if the tort had not occurred
    • Referred to as actual or compensatory damages
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What Can a Tort Victim Collect?

  • If a lawyer is involved, they generally handle the case for a % of the recovery.
  • Referred to as a Contingency Fee basis.
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How is a Civil Case Tried?

  • Judges and juries play different roles in trials.
  • Judges always decide any issues of law.
  • Juries decide any issues of fact.
    • Civil juries are composed of 6 to 12 citizens
    • Civil trials don’t have to be unanimous
  • After Juries are selected, Opening Statements are made by the Plaintiff and the Defendant
    • Brief outline of what each will try to prove
    • Usually done by a lawyer
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How is a Civil Case Tried?

  • Evidence – anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts.
  • Testimony – consist of statements made by witnesses under oath.
    • Most common form of evidence
  • Witness – someone who has personal knowledge of the facts
    • Expert Witness – has superior knowledge of facts
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How is a Civil Case Tried?

  • Subpoena – written order by the judge commanding a witness to appear in court to give testimony.
  • Failure to appear when subpoenaed is contempt of court.
  • After presentation of the evidence, lawyers (attorney) give the closing arguments (statements)
    • Each will summarize the case
    • Try to persuade the judge and jury to favor their side
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How is a Civil Case Tried?

  • After the closing statements, the judge will give instructions to the jury.
    • What rules of law to apply
    • What issues of fact they must decide
  • The jury then retires to the jury room for secret deliberation
  • Verdict – the jury’s decision
  • Judgment – rendered by the judge and is the final result of the trial
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How is a Judgment Satisfied?

  • The defendant will pay the judgment ordered by the judge
  • If they don’t pay, plaintiff will obtain a writ of execution
    • Process by which a judgment for money is enforced
    • Court may have defendants property seized and sold in order to pay the plantiff
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