I am a member of a study group of lawyers, judges and law students in Houston, Texas, USA. Members take turns educating one another on various aspects of law. My group will soon be presenting information to the others on how a small civil lawsuit might be handled in several different nations, including Turkey. The purpose is both to educate ourselves on other nations' legal systems, and to help us see how the American system might be viewed by a foreign visitor.

Assume that one person's auto has hit an animal (horse, donkey, cow) in the road. The animal is killed, the auto is damaged, and the driver has minor injuries.

I would greatly appreciate any information you could give on any of the following questions -- or similar questions I should be asking, but am too ignorant to pose:

1. How long would the driver or the animal's owner have to file suit? From reading other postings, it seems like one year. Is that correct?

2. In what court would the lawsuit be brought? Assuming the driver was traveling, far from home, could the driver bring suit in his home city, or would he be required to sue where the accident occurred?

3. Who would have the burden of proving fault? The person who brings suit?

4. What sort of damages could the driver recover, assuming the animal's owner is at fault? Would it be limited only to the costs of repairing the auto and medical expenses? Could the driver recover for lost earnings? Pain and suffering? Are exemplary or punitive damages available?

5. Can witnesses be compelled to attend court to give testimony? Is it more common to submit written statements?

6. What is the role of lawyers in the process? Do they examine witnesses in court? Are they expected to be biased in favor of their respective clients? Do they deliver arguments before the judge?

7. Is there only one judge? What is a judge's typical background? Is there a procedure for challenging a judge who might be biased?

8. If the motorist brings suit and loses, might the motorist be required to pay the animal owner's legal bills?

9. How long might the legal process take, on average, from filing suit until judgment?

10. What right is there to appeal an unfavorable judgment?

11. Are there any good materials, available in English, addressing any of these issues?

Thank you for any attention you are able to give to this inquiry

Jim Paulsen, Professor
South Texas College of Law
Houston, Texas USA