You’ve Been Served!

Module 7 Lesson 2 Mastery Assignment

Civil Cases:

Civil cases, are cases brought in by individuals. There is no crime involved in this case. If the plaintiff, a person who brings a case against another in a court of law, succeeds in their case, the usual result is the payment of money or return of an item.
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How does the process go...

You first begin by hiring a lawyer who will be able to file a complaint. With this statement, which is naming the plaintiff and the defendant and describes the lawsuit. The court then sends a summons, which is a document telling the defendant, a person being sued or accused in a court of law, of the suit against her and orders them to appear in court on a certain day or time.

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The defendant may respond to the charges by having their own attorney answer to their charges. The plaintiff drives the complaint. In many defense pleadings, which is the complaint and answer together, both sides gather evidence to help their case and they exchange pleadings in response to the accusation. Most of them are settled out of the court, but the results are usually guilty or not guilty or fault or no fault.

It could be a possibility that the judge have both parties in a meeting to help clarify differences and prepare for the trial, which is called a "pre-trial discussion"

If the parties do not settle, then the case will go trial. The final decision can be made by a jury of 6-12 people or a judge might hear the case alone.

1. The plaintiff presents it's side 1st then the defendant

2. Both sides summarize the case

3. After, the judge or jury gives the final decides on the case.

preponderance of the evidence n. the greater weight of the evidence required in a civil lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other.

Mediation differs from arbitration in which the third party acts much like a judge but in an court less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child custody, visitation), and is often ordered by the judge in such cases.

The ending..

The verdict phase then comes into place. This is where the decision is made. This verdict is different in that you will have to pay some sort of some punitive damage. If you do not like the verdict, you have the right to appeal, to take the case up to a higher court.
How to Open a Civil Case