- 1. What is a Lawsuit?
A process through which disputes are heard and settled.
Two parties, a plaintiff and a defendant, enter into a formal contest to persuade an impartial third party to accept their version of the dispute.
2. Complexities in Hearing and Deciding Cases
- Each side of a story has its own individual complexities.
- A judge’s job is to make fair decisions that are accepted by both parties.
3. Common Laws
- Common Laws were established so that citizens, as well as the courts, had a guide to follow when hearing and deciding rulings on cases.
Why do people Sue?
- The most common reason people sue one another is over the repayment of a debt.
- Lawsuits also occur in order to determine responsibility between two parties.
4. Who is involved in Lawsuits?
- Plaintiff – The individual who brings the lawsuit to court.
- Defendant – The individual whom which the complaint is being made against.
5. Types of Lawsuits include:
A. Civil Law
- Lawsuits held between two parties that typically involve issues concerning contractual agreements, such as money, property rights, divorce, or slander.
- Contractual Law – Lawsuits involving debt collection between two parties. Contractual law can also involve disputes over a service as well.
- Lawsuits Over Tort – This body of law tries to make sense of wrongdoings, which harm the interest of another.
6. Types of Lawsuits cont:
B. Criminal Law – Lawsuits held in enforcement of the law.
- These cases vary based on the law, as well as the state in which the case is in question.
- Criminal Law cases must meet jurisdictional requirements. Jurisdiction is determined by:
- The Constitution
- General statuses establishing jurisdiction for a level of court
- Specific statuses authorizing the establishment of the court in question
- Statuses creating other courts in the same country that may affect the jurisdiction of the court in question
- Statuses dealing with specific subject matters
7. Texas Court Structure
- Justice Courts
- County Courts
- District Courts
- Court of Appeals
- Supreme Court
- Court of Criminal Appeals
8. What is the process of a lawsuit?
- The Civil Process – Cases concerning Property Disputes, Breach of Contract,Family Matters (such as divorce), Negligence and Personal Injury
- Pre Trial
- The Trial Process
- Jury Selection
- Opening Statements
- Presentation of Evidence
- Defense Response
- Closing Arguments
- Jury Deliberation
- Juror Consensus
- Judge’s Decision
9. Options to Dispute Court’s Ruling:
- Appeal the Outcome – After the ruling in a civil trial, both parties have the right to appeal the court’s decision.
- The appeal is usually based on an error made during the trial.
10. What are your options when being sued for debt?
- Make a list of all your debts
- Try to settle outside of court
If you are being sued for a debt and do not show up in court, default judgment will most likely occur.
- Default Judgment will usually go against the party being sued.
11. What can you lose in a lawsuit?
- Garnishment of wages
- Money attained from selling personal property and assets
- Depending on the type of lawsuit, individuals could serve jail time
What can be sued?
- Religious Organizations
12. Do I need an Attorney?
- Attorneys have an understanding of the laws, as well as how the law affects you.
- Attorneys have experience representing clients in court and can help you resolve your legal issues
For more information about Lawsuits or to consult with a professional attorney:
Contact Allmand & Lee