The Mayo Lawfirm

By: George Mayo

Adverarial Nature

There are two sides to every lawsuit, and court hearing.


  • The Plaintiff (prosecutor)
  • The Defendant
Think of these two sides as enemies.

Five Steps in a Civil Case

Step 1:

The first thing you do is to hire a lawyer. This lawyer will file a complaint. A complaint is nothing but a statement that manes the plaintiff and the defendant, and what there lawsuits are.


Once the complaint is filed the court sends a summons, which is where the court requests your appearance in court because you are either a witness or a defendant. A summons is issued in response to a complaint.

Step 2:

The defendant may respond to the charges by having my own attorney answer to the complaint.

  • Pleadings- the complaint and the answer together.
Both sides lawyers gather evidence to there side of the case.

Step 3:

Pretrial Conference- judge might have both parties in a meeting to help clarify differences and prepare for the trial.

Step 4:

TRIAL!!!


If the parties do not settle, the case goes to trail. the jury or the judge might here the case alone.

  1. The plaintiff presents its side 1st then the defendant
  2. Both sides summarize there case.
  3. Then the judge, or jury decides the case.

Step 5;

The VERDICT-or the decision made


There are two outcomes: I have to pay court fees, or I win and plaintiff (you) get NADA and you have to pay the court fees!

Other Things to Know

Mediation: an intervention in a dispute in order to restore it.

Arbitration: the use of an arbitrator to settle a dispute.

Some times there is a preponderance of evidence, or a more convincing amount of evidence than the other side has.

The judge or jury may call for an appeal, which is an application or proceeding for review by a higher tribunal.

Thanks

Thanks to Mrs. Ross, and her power points.


And thanks to dictionary.com