WorksheetsUnit 8 Review- Civil Justice System
Total questions: 35
Worksheet time: 35mins
What does civil law address?
The government's role in legislative processes
Disputes between private parties
Criminal offenses and punishments
International treaties and agreements
What can be awarded to the victim in a civil law case?
A formal apology
Compensation ($$)
Community service
A declaration of innocence
Who are the involved parties in a civil law case?
Private party vs. private party
Government vs. private party
Individual vs. the state
International bodies vs. individuals
What is the standard of proof required in a civil law case?
Preponderance of the evidence
Clear and convincing evidence
Beyond a reasonable doubt
Balance of probabilities
What type of punishment is typically involved in civil law cases?
Monetary compensation
Jail time
Community service
Death penalty
Which statement is true regarding the possibility of a single incident being addressed in both civil and criminal court?
It is not possible for an incident to go to both courts.
Only criminal cases can be addressed in both courts.
The same incident can go to both civil and criminal court, depending on the circumstances.
Civil cases are always addressed before criminal cases.
What does a civil case typically involve?
Criminal activities and prosecution
Disputes between people, groups of people, and/or organizations
International conflicts between countries
Legislative processes for creating new laws
Who is the plaintiff in a civil case?
The party being accused or sued
The judge presiding over the case
The party who starts the lawsuit
The witness providing evidence
What is usually dealt with in civil cases?
Criminal offenses and felonies
Negligence when someone is hurt or injured because someone else was careless
International treaties and agreements
Election and voting disputes
Which of the following is NOT one of the four major categories of civil cases?
Property disputes
Breach of contract
Family matters
Criminal prosecution
What is the outcome of a pretrial hearing in civil court proceedings?
The jury is selected
The exact charges are determined
The case is dismissed
The determination of what the case is about
What is the final step in civil court proceedings?
The selection of the jury
The court gives a remedy (decision)
The plaintiff and defendant reach an out-of-court settlement
The case is referred to a higher court
What does the branch of Tort Law in civil cases deal with?
Only property disputes
Personal injury claims and anything not related to a contract
Only family matters
Only breach of contract
What is the first step in the civil law process?
The defendant responds to the lawsuit
The court sends a summons to the defendant
The plaintiff retains a lawyer and files a lawsuit
The case goes to trial
What is the purpose of a summons in the civil law process?
To admit fault or give reason why the defendant is not at fault
To describe the nature of the dispute
To order the defendant to appear before the court
To file a written response to the lawsuit
How does the defendant respond in the civil law process?
By hiring a lawyer to file a lawsuit
By sending a summons to the plaintiff
By filing a written response to the lawsuit
By setting the time and date for the court appearance
Within how many days must the defendant usually respond to the lawsuit in the civil law process?
15 days
30 days
45 days
60 days
What does the defendant's "answer" in the civil law process typically do?
Sets the time and date for the court appearance
Describes the nature of the dispute
Admits fault or gives reason why the defendant is not at fault
Orders the plaintiff to appear before the court
What are Complaints & Answers together called in the context of legal proceedings?
Legal briefs
Pleadings
Testimonies
Depositions
During the Discovery phase of a lawsuit, which of the following is NOT a task that is typically performed?
Researching the law
Taking depositions
Filing pre-trial motions
Awarding damages
What is the purpose of a Pretrial Hearing?
To present final arguments to the jury
To call a conference to clarify differences between the sides
To select the members of the jury
To issue the final decision of the case
Which of the following are alternatives to going to trial that involves a trained third party?
Arbitration
Mediation
Deposition
Discovery
What is often the result if the plaintiff wins a civil case?
The defendant is sentenced to jail time
A remedy is set, usually involving money
The case is dismissed with no further action
The plaintiff pays court costs for both sides
What happens if the defendant wins in a civil case?
The plaintiff is sentenced to jail time
The plaintiff receives a remedy
The plaintiff gets nothing and pays court costs for both sides
The case is automatically appealed
In a civil case, how does the standard of evidence compare to a criminal case?
The standard is the same as in a criminal case
The standard is higher in a civil case
The standard is far lower in a civil case
There is no standard of evidence in a civil case
How many jurors must agree with the plaintiff for the defendant to win in a civil jury case?
All jurors must agree
7 jurors must agree
9 jurors must agree
Only 3 jurors must agree
What is mediation in a civil dispute?
A process where a judge decides the outcome of a case
A process where two parties meet to compromise with the help of a neutral party
A process where the jury reaches a decision without a judge
A process where an arbitrator makes the final decision
What role does an arbitrator play in avoiding a trial?
Acts as a mediator to help both parties reach a compromise
Acts as a judge in a dispute by reviewing the case and making the decision
Acts as a jury to vote on the outcome of the case
Acts as a counselor to provide legal advice to both parties
Which court in North Carolina would typically handle a case with a claim of $10,000?
Small Claims/Magistrate Court
District Court
Superior Court
Federal Court
What is the maximum dollar amount for a case to be considered in the District Court of North Carolina?
$10,000 or less
Over $25,000
$25,000 or less
There is no maximum amount
The biggest differences in civil vs criminal proceedings are
involved parties
standard of proof
jury selection process
who goes first in court
In a civil lawsuit, the involved parties are
the plaintiff (the person that is bringing a legal action) and the defendant (the person being sued)
the defendant (the person that is bringing a legal action) and the plaintiff (the person being sued)
the prosecution (the person that is bringing a legal action) and the defnese (the person being sued)
the defense (the person that is bringing a legal action) and the prosecution (the person being sued)
The correct order for the first steps in a civil case are
complaint, summons, response, discovery
summons, complaint, discovery, response
discovery, complaint, response, summons
discovery, summons, response, complaint
What is the appeals process in civil court?
The appeals process in civil court involves a jury re-evaluating the case.
The appeals process in civil court can only be initiated if new evidence is discovered.
The appeals process in civil court is only available to the defendant, not the plaintiff.
The appeals process in civil court allows parties to request a higher court to review a decision made by a lower court.
The majority of the work in a civil lawsuit is done at which step?
complaint
response
discovery
trial
