Civil LawCivil Law

The BasicsThe Basics PlaintiffPlaintiff - The party bringing the lawsuit; can - The party bringing the lawsuit; can

be either a private individual, a corporation be either a private individual, a corporation or a government entity;or a government entity; Plaintiff files a complaint and has the burden of Plaintiff files a complaint and has the burden of

proving their caseproving their case Preponderance of the Evidence - more likely than not, Preponderance of the Evidence - more likely than not,

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DefendantDefendant - The party accused of - The party accused of wrongdoingwrongdoing

Cases seek to establish Cases seek to establish liabilityliability not not guiltguilt

PurposePurpose Most civil lawsuits seek Most civil lawsuits seek compensation compensation for for

alleged wrongdoingalleged wrongdoing:: The Plaintiff alleges that the Defendant’s The Plaintiff alleges that the Defendant’s

actions have caused some injury;actions have caused some injury; The Plaintiff seeks financial compensation ($$$The Plaintiff seeks financial compensation ($$$

$) in order to be made whole;$) in order to be made whole; Punitive Damages - designed to punish the Punitive Damages - designed to punish the

wrongdoerwrongdoer

Other civil cases deal with the Other civil cases deal with the use/ownership of property or relationships use/ownership of property or relationships between family membersbetween family members

Your Rights in a Civil SuitYour Rights in a Civil Suit

7th Amendment - Guarantees the right to 7th Amendment - Guarantees the right to a jury trial in civil matters;a jury trial in civil matters;

Many other Constitutional protections Many other Constitutional protections do do not not apply:apply: Rights against self-incrimination are different;Rights against self-incrimination are different;

Defendants can be forced to take the witness Defendants can be forced to take the witness stand although they can then take the 5th;stand although they can then take the 5th;

No right to government provided counsel;No right to government provided counsel; No right to a speedy trial;No right to a speedy trial;

ContractsContracts An agreement between two or more An agreement between two or more

parties to exchange something of valueparties to exchange something of value Offer Offer AcceptanceAcceptance ConsiderationConsideration

Quid Pro Quo - “Something for Something”Quid Pro Quo - “Something for Something” Contracts made with minors are void at the Contracts made with minors are void at the

option of the minor;option of the minor; Oral v. Written ContractsOral v. Written Contracts

TortsTorts Tort - Tort - a wrongful act (other than breach of a wrongful act (other than breach of

contract) for which there is a cause of actioncontract) for which there is a cause of action Types of TortsTypes of Torts

Intentional - a deliberate act that results in harmIntentional - a deliberate act that results in harm Ex. Battery, assault, defamationEx. Battery, assault, defamation

Negligence - involves careless or reckless Negligence - involves careless or reckless behaviorbehavior

DutyDuty - Did you owe a duty to the person injured? - Did you owe a duty to the person injured? BreachBreach - Did you fail to live up to the standard of care? - Did you fail to live up to the standard of care? CausationCausation - Did your action actually cause the injury? - Did your action actually cause the injury? DamagesDamages - Did the injuries result in measurable - Did the injuries result in measurable

damages?damages?