understanding a civil case
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Slideshow from presentation to support staff intended to introduce basic concepts of civil law and procedureTRANSCRIPT
Understanding a Civil Case
Or
Mike Prosser presents:
My First Year of Law School in Under Two Hours
A Program for Support Staff
What is “civil” law?
What is the difference between civil law and criminal law?
Civil Law
Simply put, a civil proceeding is that brought to enforce a private right
From Latin word civilis meaning “of or pertaining to a citizen”
Criminal Law
In criminal law, a case is brought to enforce a societal right
The purpose is to prevent harm to society
Criminal law defines what conduct is prohibited and defines the penalty for violation of that law
What About Both?
Nothing prevents a person from being subject to both criminal prosecution and civil lawsuit
For example: a person may be charged and sentenced criminally for Assault and Battery, and the victim may still bring a civil lawsuit for medical bills, pain & suffering, etc.
Famous Example: O.J. Simpson
Types of Civil Actions
Tort
Contract
Statutory or Rule-Based Actions
Torts
Torts
Intentional Torts
Negligence
Intentional Tort Examples
Battery Assault False Imprisonment Intentional Infliction of Emotional
Distress
Battery
The intentional causing of an actual bodily contact, which is harmful or offensive
Bodily contact may be with either the plaintiff’s person or with some object intimately associated with his/her person
Assault
Intentional causing of one to be put in apprehension of an imminent harmful or offensive bodily contact
Simply put, fear of an immediate battery
False Imprisonment
The intentional confinement of someone within specific boundaries without a privilege to do so
Intentional Infliction of Emotional Distress
One who by outrageous conduct intentionally or recklessly causes severe emotional distress is liable to the other for the resulting harm, whether physical or emotional
Liability does not extend to mere insult (so you can’t sue your coworkers for this!)
Negligence
The failure to do something a reasonable person would do; or
The doing of something a reasonable and prudent person would not do
Which act or failure to act causes harm to another
Elements of Negligence
DutyBreachCauseHarm
What is Comparative Negligence?
It is a defense in negligence actions whereby the defendant argues that the plaintiff was at least partly at fault
If jury/judge finds plaintiff to be negligent the damages are reduced by the percentage of the plaintiff’s negligence
If plaintiff is more than 50% at fault then judgment is for the defendant
Contracts
Contracts
A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty
General Requirements of a Contract
Mutual assent Consideration Two or more parties having legal
capacity to contract Object of agreement must not be
prohibited by law
Contract Requirements
Mutual assent is usually manifested by offer and acceptance
Offer is a communication which invites the recipient the power to conclude the contract by accepting
Acceptance is the assent to the proposal by the offeree
Contract Requirements
Consideration is that which is promised by each party to a contract
Promise Doing of an act Forbearance of an act Must be bargained for (a promise to
make a gift is not generally enforceable)
Contract Requirements
Legal Incapacity arises from:1. Infancy (under age of 18, even if minor
misrepresents age the contract may be disaffirmed at the minor’s election); an exception is in Massachusetts a minor age 16 may enter into a contract for motor vehicle insurance (G.L. c. 175, § 133K)
2. Insanity: person under guardianship or adjudicated as incompetent
3. Drunkenness: a contract is generally voidable if made by person so drunk as to be incapable of understanding the nature of his/her action
Contract Requirements
Legality General rule is that illegal contracts
are unenforceable in any way Examples of Illegal Contracts:1. Contract to violate a law2. Contract in restraint of marriage3. Contract to induce another to breach
a contract or other fiduciary duty
Statutory or Rule-Based Civil Actions
Statutory or Rule-Based Civil Actions
Not traditional actions in the nature of contract or tort
Examples:
1. Unemployment Appeals
2. Firearm Appeals
3. CMVI Appeals
4. 209A Actions
Civil Procedure
Civil Procedure
How does a typical civil case move through the system?
How does it progress differently from a typical criminal case?
Why are some cases brought in the Superior Court instead of the District Court?
Civil Case Progression
A civil case is driven by the parties, particularly the plaintiff, much more than a criminal case
Initiation of Civil v. Criminal Case
Criminal case is only initiated after some type of approval by the court (the granting of a complaint or an indictment by a grand jury)
Civil case cannot be refused by the court as long as the filing fee is paid and the complaint is accompanied by the appropriate statement of damages form (civil cover sheet in Superior Court)
Progression of Case: Civil v. Criminal
Criminal case has regular court appearances to keep case moving along. Is never “unscheduled” except when case is over or defendant is in default
Events in case are driven by the parties’ actions out of court
Cases may be unscheduled at times while still pending
District Court has tried to eliminate this through its Standing Order 1-04 regarding civil case management
Superior Court or District Court?
Amount of Claim: Cases may be brought in District Court for
any amount of damages, but the defendant may have any claim for over $25,000 dismissed and force the plaintiff to bring the case in the Superior Court
“Procedural” amount versus “jurisdictional” amount
Rule 12(b)(10)
Superior or District Court?
Statutory Requirement: Some actions, by law, may only be
brought in the Superior Court, for example: – Tort claims against the Commonwealth of
Massachusetts must be brought in Superior Court pursuant to the Massachusetts Tort Claims Act (G.L. c. 258)
– Actions brought under Massachusetts Civil Rights Act
– Actions for negligence in connection with the distribution, sale, or serving of alcohol to minors
– Appeals of parking tickets after finding by municipal parking administrator (No kidding!)
– Medical malpractice cases may be maintained in District Court, but must be approved by a tribunal in the Superior Court
Superior or District Court?
Equity Jurisdiction Traditionally, only in Superior Court Since adoption of one-trial system, the
District Court has equity jurisdiction in cases where there is also a claim for money damages
What is Equitable Relief?
Equity powers allow the court to order a party to do or refrain from doing something, rather than just an award of money damages
Example: Injunctions, TROs
What Happens After a Civil Case is Filed? Discovery process Adding and dropping of parties and
filing of additional claims Summary judgment Settlement Trial
What is Civil Discovery?
Purpose is to obtain and preserve evidence
Narrows issues at trial Reduces “surprise” at trial Party may obtain discovery even though
it may not be admissible at trial (if it reasonably may lead to discovery of admissible evidence)
Discovery Procedures
DepositionsRequests for AdmissionsInterrogatoriesProduction of Documents
Deposition Out of court examination of a witness under
oath, in which the questions and answers are recorded (stenographer/notary public)
Any party has absolute right to take deposition of any witness without any requirement of a showing of good cause
Often used at trial to impeach testimony of witness
Sometimes admissible if witness later dies or becomes unavailable
Requests for Admissions A party may serve upon another party written
requests for admission of truth on any discoverable matter
Must be answered with an admission, denial, a statement as to why the party cannot truthfully admit or deny, or an objection (with reasons)
Responses are under pains of perjury If not responded to within 30 days then
deemed admitted
Interrogatories Set of questions (not more than 30)
served upon a party that must be answered under oath in writing
Must be answered within 45 days Failure to answer can result in default
(and judgment) against defendant or dismissal against plaintiff
Production of Documents To a party, request is made in writing for
permission to inspect and copy documents in party’s possession
To get documents from a non-party (witness) they must be served with a subpoena duces tecum to bring books, documents, etc. to a deposition
Adding Parties and Claims
CounterclaimsCross-claimsAdding additional parties
(Impleader)
Counterclaim A claim for relief asserted against the plaintiff
by the defendant Raised in the defendant’s answer Compulsory Counterclaim is one that must
be asserted immediately or barred. It arises out of same transaction or occurrence as subject matter of plaintiff’s claim
Permissive Counterclaim may be asserted, but is not barred if it isn’t. It may be the subject of a later lawsuit.
Cross Claims Claims made between parties in the
lawsuit (defendants) Made for purposes of contribution or
indemnification “I don’t owe you anything, but he does!” “If I’m paying, then he’s paying too,
because it’s also his fault!”
Adding Parties Parties other than those originally in
action may be added as parties to counterclaim or crossclaim (Rule 13(h))
Added by a third-party complaint Also usually for purpose of
indemnification or contribution
Disposition without Trial Motion made in lieu of answer (12(b)
motion) Motion for judgment on pleadings Summary judgment Voluntary dismissal Involuntary dismissal (failure to
prosecute) Settlement
12(b) Motions to dismiss
No subject matter jurisdiction Lack of personal jurisdiction Improper venue Insufficiency of process Insufficiency of service of process Failure to state a claim on which relief
can be granted
12(b) Motions to dismiss
Failure to join a party under Rule 19 Misnomer of a party Pendency of a prior action in a court of
the Commonwealth Improper amount of damages
(“Procedural Amount”)
12(b) Motions to dismiss These defenses are often listed as
“defenses” in the defendant’s answer, rather than being separately raised in motion to dismiss
12(b) motion is a “responsive pleading” and may be made in lieu of an answer. If denied, defendant must then file answer
Waived if Not Raised Lack of personal jurisdiction Improper venue Insufficiency of process Insufficiency of service of process Misnomer of a party Pendency of a prior action in a court of the
Commonwealth Improper amount of damages (“Procedural
Amount”)
Motion for Judgment on Pleadings
Rule 12(c) Any party may challenge legal sufficiency of
the adversarial party’s pleading Only pleadings (complaint, answer)
considered If materials outside of pleadings considered,
is treated as summary judgment motion
Motion for Judgment on Pleadings Usually seen in District Court in the context
of a collection type action (credit card debt) Defendant’s answer is something like, “I
know I owe the money, but I can’t afford to pay right now.”
Court will allow motion which establishes liability, ability to pay is another issue (considered in supplementary process action)
Summary Judgment In deciding this motion, the judge must
“look behind” the pleadings to determine if a genuine issue of fact exists
If no genuine issue of fact exists, the movant (plaintiff or defendant) is entitled to judgment
Motion must be supported by affidavits made upon personal knowledge
Summary Judgment Partial summary judgment may
sometimes be granted, simplifying issues for trial
May often be granted on liability, leaving only issue of damages for trial
Voluntary Dismissal Plaintiff may dismiss a defendant by filing a
notice of dismissal before the defendant files an answer or motion for summary judgment
If answer has been filed the stipulation of dismissal must be signed by all parties who have appeared in action (co-defendants)
Or by order of court
Involuntary Dismissal Example: 12(b) motion, 12(c) motion May be ordered if plaintiff fails to prosecute
by failing to act on default, respond to interrogatories, appear for Case Management or Pre-Trial Conference
If plaintiff is “directed out” at close of case in a civil bench trial, it is considered a motion for involuntary dismissal not a directed verdict motion (only in jury trials)
Settlement An out-of-court resolution of the case
reported to the court before trial Report of settlement may result in the filing of
an agreement for judgment or a stipulation of dismissal
Upon reaching settlement, parties will often ask for a 30-day order to file the agreement or stipulation (could be 60, 90, etc.)
Trial May be by judge only (bench trial) May be by jury Not all issues may be submitted to jury
– Example: 93A claim has no right to jury trial, although judge may submit to jury in non-binding question
Bench Trial Judge makes all findings of fact and
rulings of law Judge must make written findings if
any party submits proposed findings of fact and rulings of law (does not apply to contempt trials)
Jury Trial Judge rules on law; jury finds facts Jury may be given “special verdict”
where they answer specific written questions
Jury verdicts do NOT have to be unanimous (District Court 5 of 6 jurors)
Jury Trials Defendant may make motion for
directed verdict at close of plaintiff’s case and at close of evidence
Plaintiff may make motion for directed verdict at close of evidence
Post Jury Trial Motions Judgment N.O.V. is motion for entry of
judgment in moving party’s favor notwithstanding the jury’s verdict
Must be made within 10 days Court determines if reasonable men
could have differed as to the verdict, considering the evidence in light most favorable to non-moving party
Post Jury Trial Motions Motion for new trial Must be made within 10 days
– Because damages are inadequate or excessive
– For newly discovered evidence– For misconduct of jury– Errors at law committed at trial: this is
asking the trial judge to acknowledge an error, different from appeal
Appeal District Court
– Appeal to Appellate Division– Appeal to Appeals Court– Appeal to Supreme Judicial Court
Superior Court– Appeal to Appeals Court– Appeal to Supreme Judicial Court
Done Means Done Res Judicata
– Claim preclusion– Same claim cannot be retried again– Similar to double jeopardy in criminal cases
Collateral Estoppel– Issue preclusion– If an issue has been litigated in an action the same
parties may not re-litigate the same specific issue in a subsequent action even if the cause of action is different
And now you’re done!
Contact Info
Mike Prosser, Asst. Clerk-Magistrate Worcester District Court 508-831-2016 (direct extension)