Civil Case Procedure Worksheet

Civil Case Procedure Worksheet

Part I: Relevant Facts in the Case

The traffic collision case involves Jane Lope as the plaintiff and John Canyon as the defendant. The lawsuit results from the fact that the plaintiff and the defendant are all drivers and were driving from opposite directions. The plaintiff will file a case against the defendant to argue that the traffic collision was an act of negligence by the defendant (Li, Periera & Ben-Akiya, 2018). The traffic collision resulted in damages, injuries, and expenses for the plaintiff, prompting a civil proceeding. The plaintiff in the traffic collision has become a victim of circumstances while the defendant is the perpetrator of the negligence act (Sutanto & Sara, 2022). The plaintiff, as the victim in the traffic collision, seeks to prove beyond reasonable doubt that the defendant breached the traffic rules that led to the collision.

The plaintiff in the traffic collision case wants to prove that the incidents caused damage to her car and injuries to her body. If no legal suit is filed against the defendant, the plaintiff will incur unexpected expenses that interfere with her planned budget. Another fact is that the plaintiff has enough evidence to prove that the traffic collision caused untold damage and injuries to her (Nguyen & Nguyen, 2020). Therefore, the plaintiff recorded the entire occurrence to present for the court process. In addition, the petitioner seeks compensation for damages and injuries caused by the traffic collision.

Part II Civil Case Procedure

In the U.S legal system, there are two forms of lawsuits, namely civil and criminal. Basic procedures are followed in pursuing these forms of lawsuits as enshrined in U.S. laws. Civil case procedures are expansive in scope based on the specific case (Carroll, 2020). The civil case between Jane as the plaintiff and John as the defendant. A step-by-step civil case procedure will be followed until the case is heard and determined.

The Plaintiff Files a Petition to a Court of Law

Jane Lope, the plaintiff, will file a complaint in a law court to initiate legal proceedings against the defendant, John Canyon. The plaintiff will detail the amount of harm or damage caused by the defendant due to the traffic collision (Sutanto & Sara, 2022). Jane will accompany her petition with evidence recorded at the traffic collision scene. The evidence will prove that the collision damaged or injured the petitioner. The plaintiff may also seek a non-monetary remedy for the damages or injuries caused by the defendant.

The Defendant Files Answers to the Complaints

After the clerks at the law courts receive the petition from the plaintiff, the defendant will be served with a court injunction to file responses to the petition against him. In writing to the court, the defendant will explain his perspective and the circumstances that led to the traffic collision (Li et al., 2018). The judge will review the complaints and responses by the petitioner and the defendant before scheduling time for the civil case hearing. The timeline issued by the judge will state when briefs and other relevant documents about the case must be filed (Carroll, 2020). During the hearing and trial preparation, the defendant may file another petition seeking dismissal of the case if he feels it lacks merit to stand trial.

The Parties Engage in Discovery

The plaintiff and the defendant will file various documents relevant to the case. For example, the plaintiff will file documents to prove beyond reasonable doubt that the traffic collision led to damages or injuries and was mainly caused by the defendant (Nguyen & Nguyen, 2020). On the contrary, the defendant might also file documents stating otherwise about the petition’s complaints. The two parties’ lawyers will be granted permission to interrogate documents and evidence presented before the law court. The court may allow the two parties to file motions and pleadings about the case after the discovery (Carroll, 2020). The plaintiff will file a motion seeking orders to gather additional evidence to prove the validity of the case. The defendant may seek a motion to dismiss the petition by the complainant because it does not merit civil case proceedings or should be settled out of court.

Hearing Takes Place

Following discovery, the hearing and trial will commence for the jury to determine the complaint filed by the plaintiff. First, the two sides’ lawyers make opening arguments about the case they intend to present. Next, the lawyers will call out witnesses for the plaintiff and the defendant (Li et al., 2018). Next, the lawyers of the opposing sides will cross-examine the witnesses for both sides. Next, the jury will review the two sides of the petition after thorough interrogations and interviews by the lawyers. Finally, after all witnesses have submitted their accounts and there are no more submissions, the lawyers for the two sides will give their closing arguments about the case (Sutanto & Sara, 2022). During the hearing, the jury will apply the law to determine whether a piece of given evidence meets the merits of civil case proceedings. Finally, the jury will advise whether specific parts of the complaint by the plaintiff will reach the trial stage.

Decision is Made

The trial judge or the jury will review the arguments for and against the civil case and make the final determination. The judge will refer to the provisions in the traffic laws that determine what should be considered a civil case in deciding about the case (Nguyen & Nguyen, 2020). After a thorough review of the evidence presented before the court and the arguments from the lawyers of the plaintiff and defendant, the judge will issue a ruling in favour of the plaintiff or defendant. For example, suppose the judge finds the defendant guilty of the charges against him. In that case, a specific amount will be stated that the defendant will pay the plaintiff for damages or injuries caused by the traffic collision (Carroll, 2020). However, if the judge determines that the plaintiff had no case against the defendant, Jane will be ordered to compensate John for damages and bear the cost of the lawsuit.

Appealing the Court Decision

After the civil case has been heard and determined, the defendant may feel unsatisfied with the court’s decision if it ruled in favour of the plaintiff. As a result, the defendant will file an appeal to challenge the court’s decision (Li et al., 2018). The appeal may also seek a fresh hearing of the case if the defendant feels the judge was biased when issuing a judgement. On the basis of the defense attorney's arguments and the relevant legal provisions, the court may occasionally find in favor of the defendant (Sutanto & Sara, 2022). The plaintiff may feel dissatisfied with the judge’s decision and appeal.

References

Carroll, M. (2020). Civil Procedure and Economic Inequality. DePaul Law Review, 69(2), 20-029.

Li, R., Pereira, F. C., & Ben-Akiva, M. E. (2018). Overview of traffic incident duration analysis and prediction. European transport research review, 10(2), 1-13.

Nguyen, V. Q., & Nguyen, B. T. (2020). Rights of Due Process in Civil Procedurs of Some Countries in the World an in Vietnam. VNU Journal of Science: Legal Studies, 36(1). 51-62

Sutanto, S., & Sara, R. (2022). The Concept of Crimination with Responsive Economic Damage Value as a Substitute to Prison Penalty for Traffic Accidents.