| TALKING POINTS OUTLINE
"FROM THE COURTROOM TO THE CLASSROOM"
FOR 9TH GRADE
ECONOMIC, LEGAL AND POLITICAL SYSTEMS CLASS
FOR 10TH GRADE
CIVICS/ECONOMICS CLASS
Theme: How civil law works and how the civil courts differ from their criminal counterparts.
Focus: Leading students to understand the role of lawyers in the civil judicial system and in role of the civil courts in their lives
Time: 50-75 minutes
CIVIL JUSTICE
Just what are TORTS, anyway?
I. Civil vs. Criminal Law
a. What is the difference?
b. Why isn't the burden of proof the same? Explain the difference.
II. State vs. Federal Court Systems
a. State levels: magistrate, district, superior
b. Federal levels
III. Common Law vs. Legislation
a. NC General Statutes;
b. US Code;
c. Code of Federal Regulations (CFR)
d. NC admin code
IV. Tort law vs. other civil law:
a. Tort law
b. Other: contracts, divorce; child custody; equitable distribution; political litigation such as redistricting; civil rights; business torts; unfair trade practice statutes
V. Basics of Torts:
a. Types: injury; wrongful death; duty; breach of duty; negligence; negligence per se; premises liability; inadequate security; vicious animals; intentional torts (assault; battery; malicious prosecution; false imprisonment); marital torts; defamation; fraud; RICO; nuisance; trespass; conversion; defective products (UCC; 99B); employment (negligent hiring and retention;
b. Issues: proximate cause; damages (contribution; indemnity; special; compensatory; punitive; tortfeasor; medical malpractice (standard of care: same or similar communities; Rule 9(j); Rule 702); mitigation; collateral source); contributory negligence (comparative negligence); joint and several liability; wrongful discharge);
VI. Process in Civil Cases (Rules of Civil Procedure; Rules of Evidence)
a. Parties: plaintiff and defendant; third-party claims; subrogation; conflicts
b. Role of insurance and insurance companies
c. Pleadings: Complaint; Answer
d. Discovery
1. Depositions; inspections
2. Written discovery: documents; information; admissions
VII. Trial
A. Preparation
1. Pre-trial order; stipulations; trial brief
2. Motions in limine (insurance; convictions; prejudicial evidence)
3. Jury Selection (differences in federal court)
4. Burden of Proof (by the greater weight of the evidence; more likely than not)
5. Opening Statement
6. Plaintiff's evidence: direct and cross-examination; exhibits
7. Defendant's evidence: direct and cross-examination; exhibits
8. Conference on jury instructions
9. Closing arguments
10. Jury charge; deliberations; unanimous verdict; Allen charge in federal court
11. Appeal (record on appeal; briefs; arguments)
-NC: Court of Appeals; Supreme Court
-4th Circuit Court of Appeals; US Supreme Court
VIII. Claims against the sovereign: state torts claims act (no jury); federal torts claims act (no jury); immunity and insurance; differing compensation schemes for different governmental agencies: county negligence; city negligence; hospital with the VA; air traffic controller negligence; military; state university, etc.
IX. Workers' Compensation: NCIC; no jury; injured on the job; no need to show negligence
Other topics worth noting:
* Most tort law does not involve constitutional law issues; exception: civil rights
* Court system in general; ethics and professionalism
* Evidence: Hearsay and exceptions; exhibits; impeachment; leading questions;
* OTHER: Procedural and other barriers: statute of limitations; statute of repose; cap on punitive damages; summary judgment; JNOV;
* QUESTIONS (Be sure to save time for questions)
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