You’ve Been Served!
Module 7 Lesson 2 Mastery Assignment
Civil Cases:
How does the process go...
(cont)
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.