Civil law cases involve disputes between two or more parties, where one party files a lawsuit against the other seeking money or a court order. Common civil cases include family problems, contract disputes, and personal injury lawsuits. In this article, we'll explore three examples of civil law cases and explain the standard of proof in civil cases, the types of cases heard in civil court, and the stages of a civil case.Let's start with a car accident example. If someone is injured in a car crash, they may file a lawsuit against the driver of the other vehicle.
This is considered a civil action, as the injured party is asking the court to protect their private civil right and obtain a civil remedy. In this type of case, either party has the right to request a trial by jury.Next, let's look at an example involving an injured worker. If an employee is hurt on the job and can no longer work, they may sue their employer. This is also considered a civil action, as the worker is asking the court to protect their private civil right and obtain a civil remedy.
Again, either party has the right to request a trial by jury.Finally, let's consider an example involving a poorly built kitchen. If an owner has hired a builder to construct a new kitchen but it needs to be repaired due to poor construction, they may demand compensation from the builder. This is also considered a civil action, as the owner is asking the court to protect their private civil right and obtain a civil remedy. As with the other examples, either party has the right to request a trial by jury.
Standard of Proof in Civil CasesIn most civil cases, the judge or jury must make a decision about which side wins based on a standard called preponderance of evidence.
This means that one side must prove that their version of events is more likely than not true. To resolve the case, the court (through a judge or jury) will determine the facts of the case (in other words, it will discover what really happened) and will apply the law corresponding to those facts.
Types of Cases in Civil CourtCivil courts handle many different types of cases. These include family problems such as divorce and child custody disputes; contract disputes between businesses or individuals; personal injury lawsuits; and summary eviction cases.
Stages of a Civil CaseIn order to initiate a civil lawsuit in federal court, the plaintiff files a complaint with the court and “delivers a copy of the lawsuit to the defendant.” The defendant then has an opportunity to respond to the complaint. The next stage is discovery, where both parties exchange information about their case.
After discovery comes pre-trial motions and settlement negotiations. If these are unsuccessful, then the case will proceed to trial.At trial, witnesses may be called to testify under oath in front of a judicial reporter who presents a word-for-word story called a transcript. The judge will explain the law that is relevant to the case and the decisions that the jury must make. Finally, after hearing all evidence and arguments from both sides, the judge or jury will make their decision.Civil law cases can be complex and involve many different steps.
It's important for anyone involved in such cases to understand their rights and responsibilities under the law. Understanding these three examples of civil law cases can help you better understand how these types of cases work.