Civil trial courts serve several purposes, including offering remedies, dispute resolution, and behavior modification. There are various types of civil cases, such as contract cases, personal injury/tort cases, and domestic relations cases. Civil trials involve judges, lawyers, parties, and have defined procedures including pleading, discovery, pre-trial motions, trial, and potential appeal. Parties may also pursue alternative dispute resolution methods outside of trial, such as negotiation, mediation, arbitration, or use of private courts. Class action lawsuits allow for joined claims from a class of similarly situated people who have suffered the same harm.

1. Trial Courts: Civil CasesTrial Courts: Civil Cases
Cases, Actors, Processes, andCases, Actors, Processes, and
LitigationLitigation

2. Purposes of Civil CourtsPurposes of Civil Courts
 Offer RemediesOffer Remedies
 DamagesDamages
 RestitutionRestitution
 CoercionCoercion
 DeclarationDeclaration
 Dispute ResolutionDispute Resolution
 Behavior ModificationBehavior Modification

3. Types of Civil CasesTypes of Civil Cases
 Contract CasesContract Cases
 Personal Injury (Tort Law)Personal Injury (Tort Law)
 Automobile InjuryAutomobile Injury
 Malpractice SuitsMalpractice Suits
 Product LiabilityProduct Liability
 http://today.msnbc.msn.com/id/25258522/http://today.msnbc.msn.com/id/25258522/
 Domestic Relations (Family Law)Domestic Relations (Family Law)
 Marriage, divorce, child custody, alimony, andMarriage, divorce, child custody, alimony, and
children’s rightschildren’s rights
 Estate or Probate CasesEstate or Probate Cases
 Real PropertyReal Property

4. Participants in Civil CasesParticipants in Civil Cases
 JudgesJudges
 LawyersLawyers
 PartiesParties
 Party CapabilityParty Capability
 Individuals versus OrganizationsIndividuals versus Organizations
 One-shotters versus Repeat PlayersOne-shotters versus Repeat Players
 Galanter 1974Galanter 1974

5. Civil Court ProceduresCivil Court Procedures
 1. Pleading Stage1. Pleading Stage
 2. Discovery2. Discovery
 3. Pre-trial Motions3. Pre-trial Motions
 Motion to QuashMotion to Quash
 Motion to StrikeMotion to Strike
 Motion to Make More DefiniteMotion to Make More Definite
 4. Pre-trial Conference4. Pre-trial Conference

6. Civil Trial ProcessCivil Trial Process
 5. Trial5. Trial
 1. Selection of Jury1. Selection of Jury
 2. Opening Statements2. Opening Statements
 3. Presentation of Plaintiff’s Case3. Presentation of Plaintiff’s Case
 4. Motion for Directed Verdict4. Motion for Directed Verdict
 5. Presentation of Defendant’s Case5. Presentation of Defendant’s Case
 6. Plaintiff’s Rebuttal6. Plaintiff’s Rebuttal
 7. Answer to Plaintiff’s Rebuttal7. Answer to Plaintiff’s Rebuttal

7. Civil Trial Process (cont’d)Civil Trial Process (cont’d)
 8. Closing Arguments8. Closing Arguments
 9. Instructions to the Jury9. Instructions to the Jury
 10. The Verdict10. The Verdict
 6. Post-trial Motions6. Post-trial Motions
 7. Judgment and Executions7. Judgment and Executions
 8. Appeal8. Appeal

8. Alternative Dispute ResolutionAlternative Dispute Resolution
(ADR)(ADR)
 Two considerations
 How public is the alternative?
 How formal is the process?
 Related to each other (i.e., more formal equals more public)
 Types:
 Direct negotiation between parties
 Direct negotiation between parties with attorneys or representatives
 Mediation (conciliation) – a method of nonbinding dispute resolution involving a
neutral third party who ties to help the disputing parties reach a mutually agreeable
solution.
 Informal
 Formal
 Arbitration – a method of dispute resolution involving one or more neutral third parties
who are usually agreed to by the disputing parties and whose decision is legally
binding.
 Often included in contracts of adhesion
 Less expensive than going to court
 Resolution by private courts and judges (rent-a-judge)

9. Class Action LawsuitsClass Action Lawsuits
 What is a class action lawsuit?
 They join to together multiple claims of similar type when a “class” of people are
“similarly situated”
 Suffered the same harm
 The case for all is proved by the case for one and the defendant (or defendants) is
liable.
 Guided by Federal Rules of Civil Procedure 23
 http://www.law.cornell.edu/rules/frcp/Rule23.htm
 Advantages:
 Allows the court to process all identical claims at the same time thereby making the
process more efficient. (efficiency)
 Prevents inconsistent results amongst the various “cases”. (fairness)
 Damages are distributed fairly among members of the affected class. (fairness)
 Allows people to sue when the size of the individual claim is small.
 Disadvantages:
 Members of the class receive no individualized attention from the lawyers or the court.
 Class action suits are used in inappropriate ways.
 Not all members of the class are similarly affected as alleged.
 Lawyers have an incentive to settle early because paid on contingent fees

10. Class Action LawsuitsClass Action Lawsuits
 What is a class action lawsuit?
 They join to together multiple claims of similar type when a “class” of people are
“similarly situated”
 Suffered the same harm
 The case for all is proved by the case for one and the defendant (or defendants) is
liable.
 Guided by Federal Rules of Civil Procedure 23
 http://www.law.cornell.edu/rules/frcp/Rule23.htm
 Advantages:
 Allows the court to process all identical claims at the same time thereby making the
process more efficient. (efficiency)
 Prevents inconsistent results amongst the various “cases”. (fairness)
 Damages are distributed fairly among members of the affected class. (fairness)
 Allows people to sue when the size of the individual claim is small.
 Disadvantages:
 Members of the class receive no individualized attention from the lawyers or the court.
 Class action suits are used in inappropriate ways.
 Not all members of the class are similarly affected as alleged.
 Lawyers have an incentive to settle early because paid on contingent fees