BL 5-3: Civil Procedure

What are the two types of remedies generally available in a civil lawsuit?

• Community service and probation

• Injunctions and damages

• Mediation and arbitration

• Fines and imprisonment

What is the purpose of compensatory damages?

• To place the injured party in the position they were in prior to the injury

• To cover the legal fees of the plaintiff

• To punish the defendant

• To reward the plaintiff for winning the case

In what type of cases are punitive damages generally awarded?

• Negligence cases

• Intentional tort cases

• Breach of contract cases

• Property dispute cases

What is a contingency fee basis?

• A fixed fee paid upfront

• A fee based on the percentage of the recovery

• A fee paid only if the case is lost

• A fee that increases with the duration of the trial

Who decides the issues of law in a trial?

• The judge

• The defendant

• The jury

• The plaintiff

What is the role of a subpoena in a trial?

• To negotiate a settlement

• To dismiss a case

• To summon a witness to court

• To declare a mistrial

What is the purpose of closing arguments in a trial?

• To present new evidence

• To summarize the case and persuade the judge or jury

• To select the jury

• To cross-examine witnesses

What is the jury's decision in a trial called?

• Judgment

• Appeal

• Verdict

• Sentence

What happens if a defendant does not pay a civil judgment?

• The judgment is nullified

• The case is automatically appealed

• The plaintiff can obtain a writ of execution

• The defendant is jailed

What can an appellate court do if there is a judicial error?

• Increase the damages awarded

• Modify or reverse the judgment

• Ignore the error

• Dismiss the case