Civil Procedure Practice Exam Instructions: Read the following fact pattern, and answer the question. Give yourself 60 minutes to complete this exam. Do not go over the time limit.
How a civil lawsuit proceeds is less well known. Here we are going to learn more about the process and purpose of civil and criminal law differ. In a criminal case, the government seeks to impose penalties upon an individual for violating the law.
Those penalties can include fines, loss of freedom or even death. The purpose of the penalties varies from revenge, deterrence, rehabilitation or incapacitation to protect the community.
A civil lawsuit differs in that it is to resolve matters between private parties. One person believes another has harmed him, and the courts are available to resolve the problem.
In a civil lawsuit, an individual or corporation called the plaintiff brings another party, referred to as the defendant, to court. The plaintiff asks a judge to order the defendant either to pay money or perform a specific action. A civil suit may involve family law matters, a contract dispute or a tort.
Intentional torts include battery, libel and slander. Negligent torts are the result of conduct that causes unintended injury. Auto accidents, medical malpractice or product liability are examples of negligent torts.
An attorney well versed in a particular legal area is important as each has rules unique to it, though the basic principles that follow apply in most instances. The complaint outlines the legal and factual reasons why the plaintiff believes the defendant is responsible for his injury.
The clerk of the court then issues a summons to the defendant. Either the sheriff or a licensed process server formally delivers the summons to the defendant.
The summons provides notice of the lawsuit and a copy of the complaint. The defendant or his lawyer has a specified time to either personally appear in court. The answer addresses the facts and the legal claims in the complaint.
The answer tells the court which facts in the complaint the defendant agrees with, and those with which he disagrees. Motions in the Early Stages Once the complaint and answer have been filed with the court, attorneys for both sides consider proper motions. A motion is a request to the court to issue an order.
The defense may file a motion to dismiss, indicating the complaint does not contain facts making the defendant liable to the plaintiff. A defendant may file a motion to dismiss before his answer. The plaintiff may file a motion for summary judgment, which says the parties do not disagree about the facts of the case and that those facts make the defendant liable to the plaintiff.
If a court grants either of these early motions, the lawsuit may end. This is why motions to dismiss or for summary judgment are usually the first parts of a lawsuit. If these motions are denied or not filed as inappropriatethen the lawsuit proceeds.
Discovery and Pre-trial The next part of the process is discovery. During discovery, the parties exchange information and documents related to the claim in the complaint and defenses asserted in the answer. During discovery, depositions may be conducted. A deposition is testimony given under oath by people with information related to the lawsuit recorded by a court reporter.
As discovery proceeds, the parties have pre-trial conferences with the judge. The parties advise the judge of discovery progress and in some situations discuss possible settlements.Civil Litigation Process Essay Civil Litigation Process The focus of this paper will be to show how an employee would make a discrimination complaint against his employer.
The process begins with the Equal Employment Opportunity Commission (EEOC) and can proceed through the civil litigation process from the state level up to the United States . Get custom essay sample written according to your requirements. urgent 3h delivery guaranteed. Order now. within the Mexican American community and coincided with the emergence of an aggressive phase of Mexican Americans’ civil rights litigation that implemented a .
A forensic assessment may serve a number of purposes in both criminal and civil contexts. In the context of civil litigation, a forensic mental health professional may be called to provide an assessment in a personal injury case.
The interim report identified the main problems in civil litigation were as cost, delay and complexity. Lord Woolf believed these problems could be remedied by introducing a change in the manner of litigation. Litigation Law Essays The selection of litigation law essays below have been submitted to us by students in order to help you with your studies.
Please remember to reference ashio-midori.com if you wish to cite any of these essays in your own work. feature of civil litigation in Britain.9 Each of these authors writes about the class action but inevitably confronts more fundamental questions of civil litigation.