ABSTRACT

This chapter examines the steps in the civil case process, including the goals of civil cases, civil legal remedies, the burdens of proof in a civil case, the role of juries in civil cases, and alternative dispute resolution mechanisms. It discusses that recent changes in tort laws have become highly controversial, and the issue of tort reform. A second family of jury reforms includes so-called tort reform proposals, which are generally designed to reduce the discretion of juries in civil litigation, around the issues of monetary damages. Generally, tort reform features efforts to make it more difficult for plaintiffs to win money damage awards in civil lawsuits or perhaps even to prevent them from filing suit. Trial lawyers oppose tort reform because they argue that civil litigation not only compensates victims for their injuries but also provides a mechanism for behavior modification. At the end of the civil case process, the judge grants a judgment to the successful plaintiff.