The Mayo Lawfirm
By: George Mayo
Adverarial Nature
There are two sides to every lawsuit, and court hearing.
- The Plaintiff (prosecutor)
- The Defendant
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.
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.
- The plaintiff presents its side 1st then the defendant
- Both sides summarize there case.
- 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