Docstoc

civ.pleads

Document Sample
civ.pleads Powered By Docstoc
					 Criminal:                  Civil:


 • Indictment           • Complaint           Answer

                        • Counterclaim            Reply
 • Information
                        • Third-Party Complaint
 • “Complaint”


Now Let’s look at the
civil system …..
              Simple scenario …


 Bob



                                  Sally



Notice!
Failure to answer creates a
default judgment
          Notice!
          Failure to answer creates a
          More complicated
          default judgment …


Bob                           Same document!



                                        Sally




 Separate document
 (obviously)
                                           John
  Even More complicated …


                  … generally, one




                                       Counterclaim
                  … but doesn’t
                  document.
                  have to be for the




                                                          Complaint
                                                          Third Party
    Bob           TP



                                                      Sally



… Remember the
rule of default
judgment!
Criminal:           Civil:


• Indictment    • Complaint            Answer

                • Counterclaim            Reply
• Information
                • Third-Party Complaint
• “Complaint”

                What do these
                documents look like?
Caption
Title
Introductory
Paragraph
Parties
Facts
constituting
jurisdiction
Statement
of what
happened
and why it is
wrong
Two things to note about
the difference between
pleadings in civil and
criminal cases …..
1. Civil pleadings are more articulate!
   -- have more detail
       (parties, places, events)
       [Magistrate Court is an exception]
   -- require the person to answer the particulars or they
   will be deemed admitted
       (The Criminal case allows the defendant to stand
       mute, with no answer whatsoever)
2. Civil Pleadings are more particularized
   -- each case has its own story or content (e.g.,
   negligence)
   -- with criminal pleadings, just change the name and a
   couple of words in the one-paragraph document.
3. Easy facts can be disposed of
   -- you can take certain issues out of the case by
   admitting them
      (e.g., where the parties live, whether jurisdiction
      exists, etc.)
   -- soft facts are rendered irrelevant
   -- criminal system is mute; so this feature isn’t present

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:27
posted:2/5/2011
language:English
pages:17