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Chapter 6 Personal Injury Laws PowerPoint PPT Presentation


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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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Chapter 6 Personal Injury Laws

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Chapter 6 personal injury laws

Chapter 6Personal Injury Laws

Lesson 6-3

Civil Procedure


Chapter 6 personal injury laws

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


Chapter 6 personal injury laws

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.


Chapter 6 personal injury laws

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


Chapter 6 personal injury laws

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


Chapter 6 personal injury laws

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


Chapter 6 personal injury laws

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


Chapter 6 personal injury laws

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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