Business and American Law Unit 5 Civil Action Procedure | Study Guide - Edubirdie

University:
Eastern Kentucky University
Course:
LGS 300 | Introduction to Legal Studies
Academic year:

2020
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137

Pages:

1
Author:

princesa035c6tg

Unit 5: Civil Action Procedure Unit 5 will detail how a civil case will play out. There are two parties involved in a civil action procedure. They are the Plaintiff and the Defendant. ● The Plaintiff is the party that brings a civil action to court. ● The Defendant is the party whom a civil action is brought against. Step 1: ● Plaintiff will file a complaint with the clerk of the court ● Complaints include: Plaintiff Claims (What is the issue?) and Relief being sought (What is wanted in exchange for the claim?) Step 2: ● Defendant is served with summons and is required to answer within 20 days. ● Defendant’s options: Deny the truth of the facts, agree to facts but argue a violation of laws, explain (allege) other facts in the case Step 3: ● Both parties obtain information and try to clarify the facts of the case. ● Depositions: Witnesses are questioned under oath Step 4: ● Pre-trial: A person’s last chance to settle a case with the other party before going to trial. ● If you hope to reach an agreement on your case, discuss your plan with the other party before the date of the hearing. ● Judges will decide whether an agreeable settlement can be reached or if a case needs to go to trial. Step 5: ● Both parties ask questions to prospective jurors ● Some jurors are dismissed ● An impartial juror is selected ● Juries hear most civil cases Step 6: ● Opening Statements: Both parties describe to the jury what they are trying to prove.

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