The Civil Litigation Process
defendant's conduct and the loss suffered by the plaintiff, or the existence and amount of the plaintiff's damages. A court reporter keeps a record of the trial proceedings, and a deputy clerk of court keeps a record of each person who testifies and any documents, photographs, or other items introduced into evidence. Some trials, known as "bench trials do not involve a jury and are decided by the judge alone. In a jury trial, the judge will explain the law that is relevant to the case and the decisions the jury needs to make. So that witnesses speak from their own knowledge and do not change their story based on what they hear another witness father The Hard Worker say, they are kept out of the courtroom until they testify. Settlement: It is generally wise at the outset of any litigation proceeding to review the potential for an out-of-court settlement. A plaintiff may seek money to compensate for the damages, or may ask the court to order the defendant to stop the conduct that is causing the harm. If the parties waive their right to a jury, then a judge without a jury will hear the case. The courts encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, designed to produce a resolution of a dispute without the need for trial or other court proceedings. Discovery, thorough case preparation is critical to any successful litigation. Generally, the judge either overrules or sustains allows the objection.
Depositions are used to learn more about the facts of a case and about what the different witnesses contend happened. Errors of law committed by the trial court or a jury's disregard of law or evidence are common reasons for challenging a jury's verdict. In The Commissioner of Police of the Metropolis v Brown 20 (Admin) Mrs Justice Whipple held that a claim against the police for misuse of data, misfeasance in public office and misuse of private information, did not give rise. Absent a settlement, the court will schedule a trial. The jury generally is asked to determine whether the defendant is responsible for harming the plaintiff in some what Legacy Did Mao Zedong Leave His Successors? way, and then to determine the amount of damages that the defendant will be required to pay. In a civil case, the plaintiff must convince the jury by a preponderance of the evidence (i.e., that it is more likely than not) that the defendant is responsible for the harm the plaintiff has suffered. Costs and Fees: The party who prevails at trial will usually file a motion requesting the court to order the losing party to pay the prevailing party's costs to prosecute or defend the case. Post-Verdict: A party may challenge a jury's verdict. Sometimes, the plaintiff responds to the defendant's answer or counter-claims by filing a reply. The opposing attorney may object if a question it invites the witness to say something that is not based on the witnesss personal knowledge, is unfairly prejudicial, or is irrelevant to the case. Arbitration: Arbitration is an adversarial proceeding in which the parties select a neutral third party, called an "arbitrator to resolve their dispute.
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