Civil Trial ProcedureBy: Anthony Franco, Luis Bonaparte, Eric Mathiau, & Josue Lecodet

What is Civil Trial Procedure?

● Law is divided into two categories:o Substantive lawo Procedural law

● Civil procedure deals with the functioning of the civil cases

What is Civil Law?

● Civil law governs the relationships between individual parties and does not usually involve the government

● The plaintiff begins a lawsuit by filing a complaint with the court

● The defendant is the person being sued

Civil Statutes

● Survival Statutes - Are written to ensure that a representative for a deceased plaintiff can continue the case

● Statute of Limitations- States that a person has a certain amount of time to start a lawsuit

Alternative Dispute Resolution

● ADR takes place when parties try to resolve their disagreements outside of the court system

● Several types of ADR are:o Mediationo Arbitrationo Conciliationo Negotiation

MediationArbitration

- A mediator is called in to help resolve the problem

- Promotes compromise

- Final decision made by the parties

- A third party is used to settle the dispute

- Produces fair results

- The parties don’t have the final decision

Conciliation Negotiation

-Each party appoints a spokesperson to represent them-The negotiators meet to come to an agreement-One step closer to litigation

-Listens to both parties separately and then the parties make a decision - Is similar to Mediation-Takes more time