Chapter 21: Civil Justice

1. Chapter 21: Civil Justice Social Science

2. Principles of civil law • The main purpose of civil law is to settle disagreements fairly • People file lawsuits, or cases in which a court is asked to settle a dispute, because they feel that they have been injured, owed money, or their rights have been violated • Civil courts depend on two main principles for settling arguments: • Compensation-being “made whole” for harm caused by another person’s acts, usually through damages, or money that is paid in an effort to make up for a loss • Equity-use of general rules of fairness to settle conflicts, usually through an injunction, or an order to do or not to do a certain act

3. Types of Civil cases • Many civil cases are personal injury cases, involving either physical or mental harm • Other types include the following: • Property Cases-damage to property or trespassing • Person should carefully consider whether damage was done by the person or not • Consumer Cases-buyer or seller goes against a contract, or legal agreement between buyer and seller, when exchanging products • Housing Cases-landlord or tenant goes against the lease they both signed • Domestic Relations Cases-family relationships, usually divorce • Probate Cases-division of a deceased person’s property due to no will

4. Preparing for Civil court • A civil lawsuit begins with a complaint, or a legal document that charges someone with having caused harm, and a summons, or an order to appear in court • Filed in a court and describes the situation and possible solutions • The defendant’s written response to the complaint is called an answer, in which they either admit or deny responsibility

5. Obtaining evidence • The next step is for both parties to go through a process of discovery, or to gather evidence to support a case • Each party has the right to know all information being presented to the court, even information that goes against them • One method is to file a subpoena, or a court order to produce a witness or document • Another method is to gather deposition, or a record of answers to questions asked of a witness before a trial

6. Juries and Verdicts • For the most part, civil trials are conducted the same as criminal trials, with a few differences: • Parties in a civil case run much less risk that those in a criminal case • Juries are used mostly for compensation cases, contain twelve people, and the verdict does not have to be unanimous • Verdicts in civil cases must prove that the evidence weighs against the defendant, instead of proving beyond a reasonable doubt that the defendant is guilty

7. Problems with civil courts • Civil cases come with a lot of problems that can affect the plaintiff and defendant • Lawsuits take a long time to settle • Once a civil trial starts, it can take a long time to settle • Caused by gathering evidence, selecting a jury, and lawyers requesting delays • Cases can become expensive, mostly due to lawyer fees, which can be hourly or a percentage of any earnings awarded • Judges and lawyers involved may strongly encourage alternative ways of resolving the conflict

8. Avoiding civil trials • Because of the time and cost of civil trials, many people will try other methods to resolve conflicts • Mediation-a process by which people agree to use a third party, called a mediator, to help them settle a conflict • Mediators are trained and sponsored by city and county governments • Arbitration-the use of a third person to make a legal decision that is binding on all parties • Arbitrator is similar to a mediator, but their ruling must be obeyed by all parties • Use of a private judge • Use of referee, or a lawyer who hears both sides of a story • Mock Trial, or a preview of how the trial will go if the two sides proceed with a trial

9. Cutting trial costs • Even if a trial is a necessary process, there are ways you can cut the cost of a civil trial: • Small claims court, or a civil court that people use when the amount of money they want to recover is small, usually not more than $3,000 • Usually take an hour, only fee is a filing fee, and involves no juries or lawyers • Prepaid legal plans-insurance policies for going to court • Storefront law offices-law offices located in convenient places who advertise on television and offer cheap prices

10. Debate over large rewards • Some argue that large rewards are necessary in order to make up for serious losses and are paid for by corporations who can afford to pay them • Others argue that, in the long run, the American public pays for the large rewards through jumped prices by corporations • Both sides of the debate feel that the reward should be fair and reasonable, but the definition of those two words and the circumstances of the situation come into play • Because of all the burdens involved in civil cases, you should always think carefully about the best way to settle a dispute before going to court