Procedures Of Civil Cases
By: Lydia McMahan
- A person or entity accused of a crime in criminal prosecution or a person or entity against whom some type of civil relief is being sought in a civil case.
- The plaintiff's reasons for proceeding in a civil action.
- The paper that tells a defendant that he or she is being sued and asserts the power of the court to hear and determine the case. A form of legal process that commands the defendant to appear before the court on a specific day and to answer the complaint made by the plaintiff.
- A formal statement of the cause of an action or defense.
- A meeting of the parties to an action and their attorneys held before the court prior to the commencement of actual courtroom proceedings.
- The use of an arbitrator to settle a dispute.
- A coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court.
Preponderance of Evidence
- The greater weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other.
- The formal finding of fact made by a jury on matters or questions submitted to the jury by a judge.
- Apply to a higher court for a reversal of the decision of a lower court.