Chapter 6 Personal Injury Laws

1. Chapter 6Personal Injury Laws Lesson 6-3 Civil Procedure

2. What Can a Tort Victim Collect? • Injunction--a court order to do or not to do a particular act • Damages--monetary award to the injured party to compensate for loss • purpose is to place the injured party in the same financial position as if the tort had not occurred • Referred to as actual or compensatory damages

3. What Can a Tort Victim Collect? • If a lawyer is involved, they generally handle the case for a % of the recovery. • Referred to as a Contingency Fee basis.

4. How is a Civil Case Tried? • Judges and juries play different roles in trials. • Judges always decide any issues of law. • Juries decide any issues of fact. • Civil juries are composed of 6 to 12 citizens • Civil trials don’t have to be unanimous • After Juries are selected, Opening Statements are made by the Plaintiff and the Defendant • Brief outline of what each will try to prove • Usually done by a lawyer

5. How is a Civil Case Tried? • Evidence – anything that the judge allows to be presented to the jury that helps to prove or disprove the alleged facts. • Testimony – consist of statements made by witnesses under oath. • Most common form of evidence • Witness – someone who has personal knowledge of the facts • Expert Witness – has superior knowledge of facts

6. How is a Civil Case Tried? • Subpoena – written order by the judge commanding a witness to appear in court to give testimony. • Failure to appear when subpoenaed is contempt of court. • After presentation of the evidence, lawyers (attorney) give the closing arguments (statements) • Each will summarize the case • Try to persuade the judge and jury to favor their side

7. How is a Civil Case Tried? • After the closing statements, the judge will give instructions to the jury. • What rules of law to apply • What issues of fact they must decide • The jury then retires to the jury room for secret deliberation • Verdict – the jury’s decision • Judgment – rendered by the judge and is the final result of the trial

8. How is a Judgment Satisfied? • The defendant will pay the judgment ordered by the judge • If they don’t pay, plaintiff will obtain a writ of execution • Process by which a judgment for money is enforced • Court may have defendants property seized and sold in order to pay the plantiff