Civil Court 101: Key Terms and Processes
In this article, Audrey will explain the fundamentals of a civil court, jury trial, and define the corresponding terminology.
Embedded Files
Civil Court 101: Key Terms and Processes
Civil Court 101: Key Terms and Processes
By: Audrey Roetling
By: Audrey Roetling
Understanding the function of a courtroom is essential, not just for individuals who plan on pursuing legal careers, but for all citizens who may find themselves on jury duty, subpoenaed, or potentially on trial at any given point of their lives. It is much harder for a system to take advantage of citizens who understand their rights, freedoms, and laws of the land--which is why it is good to at least have foundational knowledge on the concept of jury trial. It should be noted that the majority of the processes described below refer more specifically to a civil trial, although many of the terms transfer to criminal trials, as well.
Unlike criminal court, civil court does not deal with illegal activity-- rather, with private disputes. Civil cases are generally handled in business law, corporate law, family law, immigration law, tort law, or property law--areas that handle disputes with money or property. These cases seek remedies from the opposing party, not sending an individual to jail.
Pre-Trial Matters
Pre-Trial Matters
Pretrial matters work out the details of a case before it can appear before a judge and jury. The majority of cases are settled in pretrial matters. According to Nolo Press, “Because criminal cases can end through dismissals and other means, the rate of criminal cases that actually make it to trial is estimated to be around 2% or 3%.”
A case begins when a lawsuit is filed by an individual, referred to as the plaintiff, against the opposing party, which includes the defendant. This complaint highlights the allegations the plaintiff has against the defendant, the facts of the case, and the “claim for relief”, which is the remedy the plaintiff is requesting of the court. This case is then filed, or sent to the court for overview, to be officially opened.
Once the case has been opened, the court drafts a summons to the defendant, which informs them they are being sued. This is done formally through mailing or personal delivery to ensure the defendant has been informed in a timely manner, through the service of process. The defendant usually then hires an attorney or, in some cases, is provided one by the court to draft their answer--a legal response where they neither admit nor deny the allegations. The defendant can also raise an affirmative defense where they do not deny the legal allegations but give reasons as to why they should not be held liable or reduce liability (legal responsibility). Common uses of affirmative defense include situations of self-defense, assumption of risk (claim the plaintiff took the risk that led to injury knowingly), or contributory negligence (the plaintiff is also responsible for their own injury). The defendant may also file a counterclaim against the plaintiff to sue them back or, in some cases, a cross-claim where a defendant can sue another defendant in that case. The defendant can also file a motion to dismiss the case if the claims of the plaintiff lack factual evidence or fail to meet a legally sufficient standard.
Many cases will not carry on past this point but, if they do, the next step is the process of discovery, which is essentially the gathering of facts and evidence to prepare for trial. This includes sending the other party interrogatories, which are questions required to be answered under oath. This is done by the means of the witnesses’ affidavit, which is the story and facts that the witness will attest to in the course of the trial. Witnesses can be impeached for testifying anything contradictory to what they write in their affidavit. Lawyers can also send out requests of production, which demand specific evidence to be produced at the trial, and requests for admission, which are statements the other party needs to confirm or deny before the court. There are also depositions-- out-of-court oral testimonies-- in which both attorneys can question the witness in a legal office, with the presence of a court reporter. This helps both sides gather the story and evidence before trial. Also, the attorneys can send out subpoenas, which legally require non-party members to testify in a court of law as witnesses.
Another pretrial matter includes filing motions. For example, an attorney can file a motion to compel, which is usually done when the other side has adequately produced certain evidence or testimony during the process of discovery or a motion for summary judgment, which asks the court to decide the case based on facts, without a trial. The parties can also try to settle negotiations themselves before there is a need for a trial, such as attending a mediation, where a third-party mediator can attempt to help them reach a settlement. Finally, the witness list, exhibits, documents, and everything else are confirmed with the judge at a pre-trial conference, which ultimately determines if there will be a trial or any last-minute settlements.
In a jury trial, the process of voir dire (“to speak the truth”) begins; this is the jury selection. This is done to make sure the jury is unbiased and has no connections to the case in any way by lawyers questioning the jury members. There are two ways lawyers can send away jury members. If it is for cause, such as a jury member showing partisan towards a side, then the lawyers have no limit on how many members can be dismissed. If it is a preemptive challenge, then that means the lawyer has a limit on how many members they can dismiss without a clear reason. Attorneys also use voir dire as an opportunity to explain the burden of proof which, in a civil trial, is based on a “preponderance of evidence”, meaning the plaintiff needs to prove their facts over a 50% or more weighting to be classified as “beyond a reasonable doubt.” The burden of proof falls on the plaintiff to prove this 50%: however, it is not up to the defendant to “disprove” anything. The defense only has to introduce enough plausible alternatives or poke enough holes in a case where the 50% weighting is not reached.
Jury Trial
Jury Trial
The case officially begins with the opening statement in which each attorney gives a speech explaining their side of the story to the jury, beginning with the plaintiff. Each side introduces their client, their witnesses, the evidence they expect to come out, restates the burden of proof, the charges, and they request a verdict for the end of “liable” (plaintiff’s request) or “not liable”(defense’s request) for the charges. The attorneys are not allowed to argue in their opening but lay out the groundwork for their case.
Then, the process of questioning the witness occurs through two types of questioning, which include direct examination and cross-examination. Direct examination is when an attorney questions the witness of their own side with open-ended questions that allow the witness to tell their story, without mentioning any details of the case that the witness has not previously brought up. Cross-examination includes questioning the opposing party’s witnesses, but these questions can be specific and leading, meaning they require “yes” or “no” answers. The parties may call their witnesses in any order, but it follows this pattern of plaintiff direct examination, defense cross-examination, defense direct examination, and plaintiff cross-examination. The attorneys may have the opportunity to ask a few redirect questions after each cross-examination. Exhibits, or documented evidence, can also be brought out in questioning to a witness who is familiar with the specific document, photo, or piece of evidence, which enables an attorney to confirm facts needed to build their case. Another part of questioning includes objections to witness testimony or attorney questions. There are many objections, including “calls for narrative”, “facts not in evidence”, “argumentative”, or relevance.” One of the most common objections is Hearsay, which is an out-of-court statement used to prove the truth of the matter asserted (burden of proof). This means any statement, even a witness recalling their previous statement can be dismissed if it proves the case in any way. However, there are a multitude of hearsay exceptions to the objection, such as dying declaration, public records, present sense impression, or excited utterance. When each side is done presenting their evidence and questioning, they may rest their case.
Then, each attorney delivers a closing argument which, unlike the opening statement, argues the facts of the case. Closing arguments are often impromptu speeches since the attorneys can only speak of the events that occurred in the case rather than draft out what they expect to happen such as in the opening statements. The plaintiff will argue how the burden of proof has been met, whereas the defense will argue how the plaintiff has failed to meet their burden. The plaintiff goes first, then the defense, and the plaintiff is given the option for a rebuttal.
The jury is then given instructions on how to apply the burden of proof, explain the elements of each charge, and taught how to consider evidence. Lawyers from both sides are, in most cases, allowed to contribute to how jury instructions should be written. Once the jury reaches a decision, it is given to the whole courtroom. This verdict determines if the defendant is “liable” or “not liable” and announces how much the defendant will be charged. If a jury does not decide, then it is called a hung jury, and results in mistrial.
Lawyers may attempt to have their cases appealed if something about the trial was unfair. An appeal is when a party loses at trial and requests a higher court to look the case over. The court can decide if there was a legal error based on the previous trial. The appeals court can affirm the decision, reverse the decision, or remand it, which means to turn it down to a lower court for further action. The lower court will often be asked to take the case using correct legal standards.
Although many individuals may not find themselves in a legal career---it is vital for individuals to know their rights and know how justice is carried out in their country. Just being a citizen under the law makes an individual part of the legal process, and just in case it comes up as a subpoena or a jury member, it is important to have a foundation of rights and responsibilities of the courtroom.
Page updated
Report abuse