Civil Procedure

What do criminal cases involve?

money and jail

Civil Cases

private parties

never involves jail

Substantive Law

law that governs the merits of the civil case

Cause of Action

legal basis to start a lawsuit

Party

a person or entity that is formally a part of the lawsuit

Plaintiff

the party that initiates the lawsuit

Defendant

the party that is accused of wrongdoing

Appellant

a party who appeals from trial court decision

Civil Procedure

governs the process of litigation

Rules of Evidence

govern what can be admitted as proof during trial

Sources of Law

US Constitution

Federal Statutes

Federal Rules of Civil Procedure

Stages of Civil Lawsuit

1. Where to Start/Jurisdiction Stage

2. Starting the Case / Pleadings Stage

3. Discovery Stage

4. Deciding the Case

Jurisdiction Stage

plaintiff figures out where the suit can be heard

Pleadings Stage

• complaint is filed

• plaintiff makes allegations about what happened and what laws were violated

• ensures the defendant receives the complaint

• assigned a judge

• defendant can answer or eliminate law suit

Answer

responds to the complaint with his over version of events

Joinder

the addition of claims and/or parties

Discovery Stage

parties can obtain information relevant to the case

Deciding the Case

• motion for summary

• motion to dismiss

Federal Rules of Civil Procedure

a series of rules that sets out the procedure for litigating civil cases in all federal district courts