5-3 Civil Procedure

5-3 Civil Procedure • GOALS • State the legal remedies that are available to a tort victim • Describe the procedure used to try a civil case Chapter 5

REMEDIES AVAILABLE IN A CIVIL SUIT • Injunction – court order for a person to do or not do a particular act • Damages • Compensartory • meant to place the injured party in the position he/she was in prior to the injury or loss • Punitive • punish person who inflicted the injury • Generally only awarded in intentional tort cases Chapter 5

What’s Your Verdict?    Horsley, the owner of a dry cleaning store, lived next door to Eardly, who ran a competing dry cleaning store in the same town. The two quarreled frequently and became enemies. One summer night Eardly composed, printed and secretly posted around town a flyer accusing Horseley of dealing drugs out of Horsley’s store. The accusation was untrue and defamatory. Several witnesses saw Eardly posting the flyers. What kind of damages could Horsley collect from Eardly in a lawsuit? Horsley could recover both compensatory damages (provable business loss) and punitive damages (punish Eardly for his conduct). Chapter 5

PROCEDURE FOR A CIVIL CASE • Initiation of the case • Plaintiff • Files initial complaint • Complaint • Allegations detailing injury received • Asks for appropriate relief, usually $$ and/or injuction • Defendant • Summons • Court order to appear in court to answer complaint • Answer • Defendant’s response to complaint • Discovery • Depositions • Sworn statements • Interrogatories • Written questions answered by both parties Chapter 5

PROCEDURE FOR A CIVIL CASE • Judge or jury • Judge decides issues of law • Juries decide issues of fact • Opening statements and testimony • Evidence • Testimony • Witness • Personal knowledge of the facts • Expert witness • Possesses superior knowledge about important facts • Closing arguments and instructions to the jury • Jury deliberation and the verdict • Preponderance of the evidence • Greater or more convincing weight of the evidence • Verdict • Jury’s decision • Judgment • Final result of the trial Chapter 5

What’s Your Verdict?    After their cars collided at a four-way stop intersection, Claxson filed suit against DaLucia, the other driver. In his complaint initiating the case Claxson claimed that DaLucia caused the accident by failing to stop for his stop sign. DaLucia was served with a copy of the comploaint and a summons. A month passed, and DaLucia did not file an answer to Claxson’s complaint. What is the court likely to do as a result of DaLucia failing to file a timely answer? If the defendant does not answer in a timely fashion, a default judgement will be entered by the court. Chapter 5

HOW ARE CIVIL DAMAGES COLLECTED? • Defendant is ordered to pay • Writ of execution – process by which a judgment for money is enforced • Court directs defendant’s property to be seizedor sold • Court takes costs of seizure and sale out of the proceeds • Left over funds are used to pay the judgment Chapter 5

What’s Your Verdict?    Stevens won a judgment for $35,000 in a civil suit against Alvarex. Alvarez objected, but did not appeal becaues her lawyer told her that there was no basis for appeal. Alvarez stubbornly refused to pay. What steps could Stevens take to collect the judgment? Stevens could get a writ of execution from the court. Chapter 5

5-3 Civil Procedure