5-3 Civil Procedure

Damages meant to punish the person who has committed a tort are called compensatory damages.

• True

• False

When a lawyer agrees to take a percentage of a prospective damage award for handling a case, the arrangement is termed a ______.

A civil case begins by the filing of a complaint by the _______.

• prosecutor

• defendant

• grand jury

• plaintiff

In deciding the amount of compensatory or actual damages to pay a plaintiff, the jury decides on a figure that would equal lost wages and medical bills plus a more arbitrary amount for the plaintiff's _______.

A witness who was at the scene of the crime and who is very sure about what happened is referred to as an expert witness.

• True

• False

Stone had secretly criticized the large chemical company she worked for over a span of several years. Her inside information had led to many accurate stories in the local papers about toxic releases into the environment. Finally the company discovered what she was doing and hired two thugs to rough her up. they did a very thorough job, and she had to be hospitalized for several weeks. Because she immediately reported her beating to the police, the thugs were captured. In a plea bargain with the prosecutor, they confessed who had hired them. Stone brought suit against the chemical company. For what types of damages could she sue? Why?

• compensatory for the lost wages and hospital time

• punitive to punish the company

• compensatory for the lost wages and hospital time and punitive to punish the company

• severe damages, because the companies actions were so heinous

Stone lost $14,000 in salary and owed $30,000 in medical bills as a result of the beating in exercise 6. She had sustained a concussion and had a broken leg with numerous lacerations and abrasions. Thereafter, she consistently walked with a limp. The chemical company averaged $72 million in annual profit over the last five years. What damage award for each type of damages you selected in exercise 6 would be appropriate?

• $50,000 for compensatory, $7 million for punitive

• Nothing for compensatory, $50,000 for punitive

• $50,000 for compensatory, nothing for punitive

• $7 million for compensatory, $50,000 for punitive

Presume that the damage awards that you deemed appropriate in question 7 were awarded by the jury. If the company refused to pay, even after the appeals went against them, how could Stone go about collecting?

• File for an injunction

• Secure a write of execution

• Seek a judgement in your favor

• Ask for discovery

I preparing for the suit, Stone's attorney subpoenaed several witnesses. After they were served with the subpoenas, the company immediately assigned them to distant locations in the country. If they willfully fail to appear at the trial, what sanctions can the court use to punish them?

• Hold them in contempt

• Fine them

• Jail them

• All of the above

Presume that, because the evidence against it was overwhelming, the chemical company decided to settle the case out of court for $16 million. Typically, what would be an attorney's contingency fee percentage share of this amount? If the case had to be won at trial and $20 million was awarded by the jury, how much would Stone's attorneys receive under a typical fee arrangement? If the chemical company appealed but lost, what would be Stone's attorney's typical share of the $20 million.

• $8 million; $10 million; $10 million

• $1.6 million; $4 million; $5 million

• $4 million; $5 million; $10 million

• $4 million; $6.7 million; $8 million