Civics & Economics – Goals 5 & 6 Civil Cases

1. Civics & Economics – Goals 5 & 6 Civil Cases

2. Civil Lawsuits • In civil cases the plaintiff-the party bringing a lawsuit- claims to have suffered a loss and usually seeks damages from the defendant who argues either the loss did not occur or that they are not responsible for it

3. Civil Lawsuits • Lawsuits may involve property disputes, breach of contract, or family matters; many deal with negligence, or personal injury due to someone’s carelessness

4. Bringing Suit: Steps of trial • First, someone must hire a lawyer who files a complaint with the court, it is a formal statement naming the plaintiff and defendant and describing the nature of the lawsuit • The court then sends the defendant a summons, a document that announces the defendant is being sued, and sets a date and time to appear in court

5. The Defendant’s Response • The defendant may respond to the charges by having his attorney file an “answer” to the complaint; the complaint and answer together are referred to as pleadings • Before a trial lawyers check facts and gather evidence by questioning the other party and witnesses, this process is called discovery

6. Pretrial Hearing • If a plaintiff and their lawyer decide the case looks weak they may want to drop the suit • If the defendant believes the plaintiff’s case is strong and they are likely to win they may offer them a settlement, in which the parties agree on an amount of money the defendant will pay the plaintiff

7. Pretrial Hearing • Another way to resolve disputes is by mediation, where each side is given the opportunity to explain their side to a mediator who helps them find a solution (third party, mediators offer a “non-legally binding” agreement) • They may also submit to arbitration, where a third party reviews the case and acts like a judge resolving the dispute (third party, arbitrators offer a “legally binding agreement) • Most civil cases are settled before trial because they are time-consuming and expensive and all sides are likely to prefer a settlement

8. Trial • If the parties do not settle, the case goes to trial; there may be a jury, or a judge who will hear the case alone; both sides present their cases • In criminal trials the prosecution must prove the defendant guilty “beyond a reasonable doubt” • In a civil case the plaintiff has to present only a “preponderance of evidence” enough to persuade the judge or jury the defendant was responsible for the incident

9. Trial • After all evidence has been presented the judge or jury will decide on a verdict, or decision in favor of one of the parties – “responsible or not responsible” • If the plaintiff wins, a remedy is set; if the defendant wins, the plaintiff gets nothing and must pay court costs for both sides of the lawsuit • If the losing side feels the judge made errors or some other injustice took place, it may appeal the verdict to a higher court

10. Civil Trials A Civil Action: https://www.youtube.com/watch?v=movv92UJ36M&t=116s • https://www.youtube.com/watch?v=IlSrZJfM7k0

11. Civil Trials • Erin Brokavich  https://www.youtube.com/watch?v=0wVgg5t2LAM&t=44s https://www.youtube.com/watch?v=5Jdk3riKKwo&t=32s

12. Civil Trials • kramer v kramer  • https://www.youtube.com/results?search_query=kramer+v+kramer+courtroom