PS 305 Final Exam- Civil Justice Process

What is the difference between a civil versus criminal case?

Civil

• one party wrongs another, requests compensation

• society plays no role in resolution of dispute

• no public prosecutors, parties hire their own counsel

Criminal

• victim at best is a witness, but not a party to the action

• society plays a role in process

• public prosecutor represents the states and brings in the case

What is a class action law suit? What are the pros versus the cons?

A class of people that have been wronged similarly come together and file a law suit.

Pros: large numbers of people = more resources and possibly better outcome against larger corporations

Cons: small amount of money is actually earned, company may lose a lot, incentive to settle (class)

What happened in the Walmart vs. Dukes (2011) case? What were the facts of the case and the outcome?

Facts

• Betty Dukes was a greeter at Walmart who filed a class action lawsuit

• Alleged that the company’s nationwide policies resulted in lower pay and promotions for women

• 1.5 million women, from 1998-2001

Outcome

• Walmart wanted employees to file on individual basis

• Court of Appeals (9th Circuit): upheld class size

• Supreme Court: reversed lower court, 1.5 million is not a valid class because they worked in many difference places underneath different bosses

Significance: reflects on class actions being a tool for employees in regards to accountability, but need “glue” holding together claims (similarity)

What are the different types of Civil Law cases? Which are the most common? Be sure to define each type.

Tort: breach of duty imposed by law on an individual that results in harm to another

• remedies for those suffering

• based on the idea that people are liable for consequences of actions, whether intentional or accidental

Contracts: documents that contain mutual agreement between two parties

Real property cases: land and property ownership/use (landlord)

Estates: distribution of a person’s property after death (wills)

Domestic Relations

Small Claims: low-dollar disputes, varies state by state. Purpose is to provide a simpler, faster and cheaper resolution of relatively minor disputes

What is dispute and development resolution process?

What is the disputing pyramid? Approximately what percentage of grievances end up in court filings?

What is meant by the “vanishing trial?” Why is it happening?

What is the definition of a one-shotter versus repeat player? What advantages to one-shotters have over repeat players?  What is one area where one-shotters appear to be doing relatively well?  Why?

What is the process leading up to a civil trial?  Be sure to note how it is different than the process leading up to a criminal trial.

What does a lawyer do in the process leading up to the trial?  What needs to be considered before deciding to go to trial?

What is “the complaint?” What is included in a civil complaint?

What happens in the service?

What is the “answer?” What is a default judgement and when does it occur?

What is a cross complaint or counterclaim?

What happens in discovery? What kinds of things can be included in the discovery or pre-trial exchange of information?  Be sure to define interrogatories, depositions and document requests.

What is the purpose of a pre-trial conference?

What are three examples of pre-trial motions on the civil side?  Be sure to define.

What is the trial process on the civil side? If there is a jury trial, is it the same or different than the criminal side?

How is the civil trial different than the criminal? How are they the same? Consider things like: Does the 5th amendment right against self incrimination apply in civil cases?

Is the appeal process the same in civil and criminal trials?

What are four things that a judgement can involve/include?

Consider the “execution” of the judgement in a civil case, which is different than a criminal trial.  In particular, what happens if the losing party is ordered by the court to do something and fails to do so?

What do we mean by the “litigation explosion?” Is there a litigation explosion?

What is a tort tale?  What is the McDonald’s hot coffee case about? How is it an example of a tort tale? Be sure to use the McDonald’s case to illustrate the 4 parts of a tort tale?

What is tort reform? What are the arguments for and against tort reform?  What are some suggested tort reform methods?

What happened in the cases of BMW v Gore (1996), State Farm Mutual Auto Insurance Co. v. Campbell (2002) and Phillip Morris USA v. Campbell (2006). What precedent did they set regarding capping punitive damages?

What is alternative dispute resolution (ADR) ? What is the objective of ADR?  What are four types of ADR?  Be sure to be able to define them.

What are some tort examples?

Slander: defamation of character that is spoken

Libel: defamation of character that is written

Negligence: failing to act with reasonable care, causing harm to someone