what is a factor when deciding to take a case to civil trial course hero

How does a judge decide a civil case?

The judge decides what legal standards should apply to the defendant's case, based on the civil claims at issue and the evidence presented during the trial. Often, this process takes place with input and argument from both the plaintiff and the defendant.

What is a civil case?

A civil case is a claim that typically deals with contracts, business matters, or negligent acts that end in harm. These trials can be a long, complicated, drawn out process and may be overwhelming for some. Learn more about how to handle a civil case. » Do I Need a Civil Defense Lawyer? What is Discovery in a Civil Case?

What does the defendant try to prove in a civil case?

In turn, the defendant tries to show that the plaintiff has fallen short of establishing the defendant's liability for any civil judgment in the plaintiff's favor.

How do you go to trial in a civil case?

Going to Trial in a Civil Case, is II. Deciding Whether to Represent Yourself III. If You Decide to Hire a Lawyer... IV. Who's Who in the Courthouse VI. Starting a Civil Case

What is plaintiff attorney?

What to do if a plaintiff agrees to mediation?

How long does it take to settle a case?

Why is it important to research your venues?

Why do plaintiffs file in state court?

What is a structured settlement?

What to do if you are not sure what to do with a jury?

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What happens if you have no prior convictions?

If you have no priors and are going to trial on a non-violent offense, chances are the judge will not “max” you out. However, priors or not, if you are convicted of a violent offense, chances are you will do some time, either in county jail or state prison.

Can you go to trial for a felony?

Sometimes, the plea is so unreasonable that you really have no choice but to go to trial. Especially if you have serious felony priors and have been designated a “career criminal,” then you may face lengthy prison terms as well as mandatory minimum terms.

Do you have to plead a case?

You are not required to take a plea. You have an absolute right to take your case to trial. However, you should consider a few things before making the very serious and possibly life-changing decision to put your fate in the hands of a jury.

Why is a trial more likely to take place?

If a dispute is worth a small sum of money, it is likely that the parties will settle the case long before a jury ever hears a matter. However, if a case is worth a substantial amount of money, a trial is much more likely to take place. This is because parties will do everything they can to win a case before a trial occurs, ...

Do attorneys go to trial?

The background of the attorneys is also an important consideration when determining if a case will go to trial. Oftentimes, if attorneys do not have much familiarity with trials, they will advocate for settling a case before trial. This may be the case even if a client might be best served by submitting a case in front of a jury. However, if an attorney is experienced with trials, and is undaunted with the process, they might be more willing to “go the distance” with a case and convince their clients to do the same. The Rothman Law Firm is experienced with all parts of the litigation process, and we have relationships with other firms to ensure that we are fully prepared to take a case to trial if that is the best outcome for a case.

What Happens at a Deposition in a Civil Case?

A civil case is a claim that typically deals with contracts or business matters. Torts are usually negligent acts that end in damage or harm. Civil cases may occur through the intentional or negligent actions of others. For most civil cases, the remedy is money damages.

How Long Does it Take to Receive Settlement Money?

After you finally received word that your case had settled, your first thought was probably when you would receive your settlement check. While you can ask your attorney to give you an estimate of when you can expect your check, the answer to this question depends on a number of factors, such as the defendant’s policy, the type of case that it is and whether there are any extraneous circumstances affecting payout.

How Do Subpoenas Work?

While a summons may require another party in the case to appear, a subpoena can require that a particular person appear in court or for other proceedings. Additionally, this legal tool can be used to acquire information that one of the party desires.

How Do I File a Response to a Summons if I Am Residing in Another State?

If the person fails to respond in a proper manner within the specified timeframe, the plaintiff may be able to receive a default judgment against the defendant in which they receive the relief asked of the court. Particular complexities can arise if the defendant resides in another state.

What is a Standard of Review in an Appeal?

When one files the appeal, they are asked to describe which standard of review they believe will apply to the higher court's review of the case. So what is a standard of review and why does it matter?

What happens if a defendant fails to respond to a lawsuit?

If the person fails to respond in a proper manner within the specified timeframe, the plaintiff may be able to receive a default judgment against the defendant in which they receive the relief asked of the court. Particular complexities can arise if the defendant resides in another state. Read more.

What is a summons in court?

A summons provides legal notice to a party about a lawsuit. It is the first official notice that a defendant receives to notify him or her that he or she is being sued. In some instances, the summons may specify a specific court date, but in others, it does not. Read more.

What is plaintiff attorney?

Some plaintiff attorneys are minor celebrities, familiar to jurors from their TV and internet commercials and backed by the reputation they deliver big money for their clients. Many plaintiff firms are now focusing on the negatively publicized cases, such as fatal shootings and wrongful incarceration. Some of these firms pursue such cases all over the country, not just in their local area.

What to do if a plaintiff agrees to mediation?

If the plaintiff agrees to attend a mediation, ensure the mediator chosen for the case does not have a reputation of siding only with the plaintiff. Learn what you can about the plaintiff and the family ahead of time. Are they planning to spend the settlement money on something specific? Are they hoping to achieve a change to agency policy or training? Know what requests you’re willing to accommodate.

How long does it take to settle a case?

Putting money on the settlement table can get the plaintiff more willing to settle. They will be able to obtain the settlement dollars within a few weeks of the agreement. Make sure the plaintiff understands that even if they win at trial, the defense will appeal the verdict and it could take over a year for that to be resolved.

Why is it important to research your venues?

It’s always important to research your venues to determine where the case may end up being filed. Plaintiff attorneys will often choose to file public safety lawsuits in federal court, alleging a civil rights violation, due to the possibility of being awarded large payments for attorney fees.

Why do plaintiffs file in state court?

In contrast, if the state/county venue where you are located is known as a liberal, plaintiff-friendly jurisdiction, the suit will be filed in state court because state and local courts have a record of generating larger verdicts than federal court.

What is a structured settlement?

A structured settlement can often help resolve a public safety lawsuit and generate an agreement that benefits both parties.

What to do if you are not sure what to do with a jury?

Still not sure? Bring in a mock jury or a focus group —a group of local, uninvolved people who can help you learn what parts of the case are going to resonate the most with jurors.

What does the plaintiff do in a civil case?

The plaintiff presents the facts of the case and the defendant's alleged role in causing the plaintiff's damages (or reasons to find for the plaintiff) -- basically walking the jury through what the plaintiff intends to demonstrat e in order to get a civil judgment against the defendant. The defendant's attorney gives the jury ...

What does a judge consider after both sides have presented their arguments?

After both sides have presented their arguments, the judge or jury considers whether to find the defendant liable for the plaintiff's claimed damages , and if so, to what extent (i.e. the amount of money damages a defendant must pay, or some other remedy). Depending on the type of case being heard, a civil trial may not necessarily focus only on ...

What is the first step in a civil trial?

Except in cases that are tried only before a judge (i.e. most family court cases), one of the first steps in any civil trial is selection of a jury. During jury selection, the judge (and usually the plaintiff and the defendant through their respective attorneys) will question a pool of potential jurors generally and as to matters pertaining to ...

How to testify in a court case?

Whether a witness is called by the plaintiff or the defendant, the witness testimony process usually adheres to the following formula: 1 The witness is called to the stand and is "sworn in," taking an oath to tell the truth. 2 The party who called the witness to the stand questions the witness through "direct" examination, eliciting information through question-and-answer, to strengthen the party's position in the dispute. 3 After direct examination, the opposing party has an opportunity to question the witness through "cross-examination" -- attempting to poke holes in the witness's story, attack their credibility, or otherwise discredit the witness and his or her testimony. 4 After cross-examination, the side that originally called the witness has a second opportunity to question him or her, through "re-direct examination," and attempt to remedy any damaging effects of cross-examination.

What is a peremptory challenge?

A peremptory challenge can be used to exclude a juror for any reason (even gender and ethnicity in civil cases), and a challenge for cause can be used to exclude a juror who has shown that he or she cannot be truly objective in deciding the case.

Why is the plaintiff's opening statement usually given first?

Because the plaintiff must demonstrate the defendant's legal liability based on the plaintiff's allegations , the plaintiff's opening statement is usually given first, and is often more detailed than that of the defendant.

How long does the jury deliberation last?

Deliberation is the first opportunity for the jury to discuss the case -- a methodical process that can last from a few hours to several weeks. Once the jury reaches a decision, the jury foreperson informs the judge, and the judge usually announces the verdict in open court.

What is evidence?

Evidence is testimony, documents, physical objects, or other items offered to and accepted by a court to prove facts relevant to a case. Some examples might be an expert's opinion, a witness's testimony, medical records or photographs. The admissibility of evidence is a very significant and complex area of the law. There are many laws and rules that the judge must consider in determining what can be admitted into evidence. The court may not accept everything that you think would help your case.

What is testimony and how do I present it?

Testimony is the statement of a witness under oath about things the witness has seen, heard, or otherwise observed. In most instances, witness testimony is presented in a question and answer format.

How can I get documents into evidence?

You may have documents supporting your side of the story that you want to admit into evidence. As with other forms of evidence, there are rules and laws that you must follow to have documents admitted as evidence. Be aware that if you want to offer a document in court, typically you will not be able to do so unless you have provided the other side with a copy ahead of time. Likewise, you should expect that the other side will provide you with copies.

What kinds of decisions might the court make in my case?

In the course of a typical civil case, there may be a number of different decisions made.

What if my case is an emergency?

In certain emergency cases, you may be able to go before a judge the same day you go to the courthouse. For example, you might need a restraining order seeking protection from abuse, an emergency guardianship for a child or an incompetent adult, an order to stop someone from selling property, or an order related to some other kind of emergency.

What is an objection in court?

Objection: An objection is a way to call the court's attention to the objecting party's challenge to the admissibility of evidence offered by another party. Either side can object to the admission of items or statements into evidence. The judge might ask and you should be prepared to explain the basis for your objection.

What is an ex parte order?

Ex Parte Orders: An ex parte order is a temporary order entered by a judge without notice to the other side, usually on an emergency basis. An ex parte order is usually valid until the other side has an opportunity to present his or her version of the story to the court. Some examples of this are a request for protection from abuse, typically referred to as a "209A order," a request to prevent the sale of property which is the subject of a dispute, or a guardianship for an incompetent person.

What is the importance of weighing risk versus reward?

As a business owner, you should be very familiar with weighing risk versus reward in your decision making process. As with any business decision, you must weigh the various risks involved in filing and potentially losing a lawsuit versus whatever it is you stand to gain by winning the lawsuit. If the reward outwe ighs the risk, then litigation may ...

What happens if an award is not collectible?

The opposing party may not have the funds to pay you what you are owed. If this is the case, there is little you can do to recover the compensation. If an award is not collectible, you may not want to spend the money it will take to litigate the case in the first place.

What happens if you take too long to file a lawsuit?

If you take too long to file a lawsuit, and the wrongdoing for which you are bringing the lawsuit occurred outside the statute of limitations, you have little to no chance of winning the case.

Is litigation a business?

If you are the owner of a company who is facing some form of a legal dispute, litigation can be tricky business. We live in a litigious society, and oftentimes it can feel like litigation is the necessary route to resolve your business issues. But the fact is, there are times when litigation is appropriate and times when it is not.

Is litigation a long process?

It is no secret that litigation can be a long and drawn out process. Think about how important it is to you to win the case and weigh that against your opportunity costs. If you are busy with a court case, that is time you will not be able to spend on your actual business, improving your product and making money.

Can I win a case?

Take an objective look at the details surrounding your case and ask yourself, “Can I really win?” You may be 100% confident that you have been wronged and you deserve compensation, but if you don’t have the evidence or there is some other reason that you stand to lose the case, then it is probably not worth it for you to pursue legal action.

Do you have to involve witnesses in a lawsuit?

Willing to involve witnesses. Another factor you may need to consider is whether or not you are willing to involve witnesses whose testimony may be vital to winning your lawsuit. Their knowledge may be key, but perhaps the witness is someone you don’t want to take the stand in a public trial.

What is plaintiff attorney?

Some plaintiff attorneys are minor celebrities, familiar to jurors from their TV and internet commercials and backed by the reputation they deliver big money for their clients. Many plaintiff firms are now focusing on the negatively publicized cases, such as fatal shootings and wrongful incarceration. Some of these firms pursue such cases all over the country, not just in their local area.

What to do if a plaintiff agrees to mediation?

If the plaintiff agrees to attend a mediation, ensure the mediator chosen for the case does not have a reputation of siding only with the plaintiff. Learn what you can about the plaintiff and the family ahead of time. Are they planning to spend the settlement money on something specific? Are they hoping to achieve a change to agency policy or training? Know what requests you’re willing to accommodate.

How long does it take to settle a case?

Putting money on the settlement table can get the plaintiff more willing to settle. They will be able to obtain the settlement dollars within a few weeks of the agreement. Make sure the plaintiff understands that even if they win at trial, the defense will appeal the verdict and it could take over a year for that to be resolved.

Why is it important to research your venues?

It’s always important to research your venues to determine where the case may end up being filed. Plaintiff attorneys will often choose to file public safety lawsuits in federal court, alleging a civil rights violation, due to the possibility of being awarded large payments for attorney fees.

Why do plaintiffs file in state court?

In contrast, if the state/county venue where you are located is known as a liberal, plaintiff-friendly jurisdiction, the suit will be filed in state court because state and local courts have a record of generating larger verdicts than federal court.

What is a structured settlement?

A structured settlement can often help resolve a public safety lawsuit and generate an agreement that benefits both parties.

What to do if you are not sure what to do with a jury?

Still not sure? Bring in a mock jury or a focus group —a group of local, uninvolved people who can help you learn what parts of the case are going to resonate the most with jurors.

Arbitration

Size of The Case

• One of the biggest factors that must be assessed when determining if a case will go to trial is the size of a case. If a dispute is worth a small sum of money, it is likely that the parties will settle the case long before a jury ever hears a matter. However, if a case is worth a substantial amount of money, a trial is much more likely to take plac...

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Facts of A Matter

Experience of The Lawyers

Preferences of The Parties