Anaya Nolan
Civil cases involve conflicts between people or institutions like businesses. These conflicts usually (but not always) involve money. A civil case begins when a party to a dispute files a complaint, and pays a filing fee required by statute. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. If the request is granted, the fee is waived. To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and serves a copy of the complaint on the defendant. The complaint describes the plaintiff's damages or injuries, explains how the defendant caused the harm, and asks the court to order relief. The overwhelming majority of civil cases are resolved prior to trial – either through judicial order or through a settlement between the parties.
| Characteristics | Values |
|---|---|
| Type of cases | Civil cases involve conflicts between people or institutions like businesses. These conflicts usually (but not always) involve money. |
| Who can file a case? | Private citizens or companies can file a case against each other in court. |
| How to file a case? | A party to a dispute files a complaint and pays a filing fee. If the plaintiff is unable to pay the fee, they may file a request to proceed in forma pauperis, and if granted, the fee is waived. |
| What does the complaint include? | The complaint describes the plaintiff's damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order relief. |
| What is the role of the judge? | Judges examine the facts of the case to figure out what happened and how to apply the appropriate law. They also encourage litigants to reach an agreement to avoid the expense and delay of a trial. |
| What is the role of the jury? | In a jury trial, the judge will instruct jurors on the relevant laws to apply in their deliberations. The jury decides whether the defendant is responsible for harming the plaintiff and determines the amount of damages. |
| What is the standard of proof? | In most civil cases, judges or juries determine the outcome based on a "preponderance of the evidence" standard of proof, i.e., the evidence presented by the winning side was more likely true than not. |
| What is a motion for summary judgment? | A motion for summary judgment asks the judge to decide the case based on two grounds: 1) no disputes of fact that require a trial, and 2) the law clearly favors a specific decision. |
| What are the types of relief? | There are three principal forms of relief: 1) Declaratory judgment, 2) Injunction, and 3) Temporary Restraining Order (TRO). |
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What You'll Learn
- Civil cases involve conflicts between people, businesses or institutions
- The plaintiff files a complaint and serves a copy to the defendant
- The judge or jury decides the case based on a preponderance of evidence
- The plaintiff may seek monetary compensation or ask the defendant to stop harmful conduct
- The defendant can file a motion to dismiss the complaint
Civil cases involve conflicts between people, businesses or institutions
Civil cases involve conflicts between people, businesses, or institutions. They usually concern claims of harm by one party against another, often involving financial loss or harm, and can include disputes over contracts, personal injury, negligence, defamation, medical malpractice, fraud, and more. Civil cases can also involve equitable claims, where a party requests the court to make someone do something or prevent them from doing something, such as issuing a restraining order or injunction. Landlord-tenant issues are also common in civil courts.
A civil case typically begins when one party, the plaintiff, files a complaint in court, initiating a lawsuit against the defendant. The plaintiff's complaint outlines the alleged harm caused by the defendant and seeks relief, which may include monetary compensation or an injunction. The plaintiff must provide evidence to support their claims, and the defendant can respond with their own evidence or a motion to dismiss the case.
In most civil cases, a judge or jury decides the outcome based on the "preponderance of the evidence," meaning the evidence presented by the winning side was more likely true than not. The persuasiveness of the evidence carries more weight than the quantity. Civil juries consist of 6 to 12 members, and all verdicts must be unanimous unless the parties agree otherwise.
It is important to note that civil cases are distinct from criminal cases, which involve the enforcement of public codes of behavior as outlined in state laws. In criminal cases, the government prosecutes individuals or institutions accused of violating these laws, and punishments may include fines, community service, probation, or imprisonment. While civil and criminal cases are generally separate in many parts of the world, they can sometimes be combined into one case.
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The plaintiff files a complaint and serves a copy to the defendant
The first step in a civil lawsuit is the plaintiff filing a complaint, which constitutes the first step in invoking the judicial process. The complaint outlines the plaintiff's claim, including the substantive basis for the lawsuit and the kind of relief sought. The plaintiff must also file a summons, which is a written document that identifies the court in which the lawsuit will be heard, contains the signatures and seals of the clerk and the court, and identifies the parties involved. The summons and complaint must be served on the defendant within 120 days of the filing of the complaint, and the defendant must be given a reasonable amount of time, typically at least 30 days, to return the waiver. The plaintiff may notify the defendant of the action and request that they waive the service of a summons. If the defendant is located in the United States and fails to return a signed waiver, they will be required to pay the expenses of service unless they can show good cause for the failure.
The complaint is served to notify the defendant of the lawsuit against them and inform them of the plaintiff's claims and the type of damages sought. It is important to note that each federal district court has its own "local rules" that govern the procedures attorneys must follow when appearing in court. These include methods for filing papers and requirements for appearing before the court. Therefore, it is crucial for attorneys to be familiar with the local rules to ensure their practice conforms to them and avoid delays.
The defendant's response to the complaint is called the answer, and it contains the defendant's version of the events leading to the lawsuit. The defendant has the option to file an answer or a motion to dismiss the complaint or have it redone. The answer must be a short statement in plain English and may include defences that the defendant wishes to put forth. Affirmative defences are a type of defence where the defendant has the burden of proof. The answer is the defendant's opportunity to respond to the plaintiff's claims and present any defences they may have.
After the defendant has filed an answer or a motion to dismiss, the judge holds a pretrial conference, sometimes called a case management conference. During this conference, a schedule for discovery is set, and a trial date may also be scheduled. Parties may file motions disputing their entitlement to receive certain information before the trial, and they can also file a motion for summary judgment, asking the judge to determine some or all issues in the case based on the information presented in the briefs. If the judge grants the motion in full, the case is concluded, and judgment is entered in favour of the party that moved for summary judgment.
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The judge or jury decides the case based on a preponderance of evidence
In civil cases, the plaintiff, or the one who initiates the case, bears the burden of proof and must present evidence to support their allegations. This evidence may consist of witness testimonies, documents, photographic proof, and more. The plaintiff must prove to the judge or jury that the preponderance of the evidence presented supports their version of the case.
For example, in a civil case, the plaintiff may seek to prove that a toothpaste manufacturer negligently made its toothpaste, turning the plaintiff's teeth blue. To do so, the plaintiff would need to present enough evidence to convince the court that their version of events was more likely to be true than not. The court does not need to be 100% convinced, but the actual evidence presented must be persuasive.
It is important to note that civil cases are distinct from criminal cases, which use a higher standard of evidence known as "beyond a reasonable doubt." This higher standard is in place because criminal cases deal with the possible incarceration or conviction of an individual, which can result in a loss of freedom. In criminal cases, the burden of proof lies with the prosecution, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt.
In civil cases, the plaintiff has the burden of production, which means they must provide enough evidence for the judge or jury to reach a particular result. Once this burden is met, the plaintiff must also meet the burden of persuasion, which involves presenting evidence that is persuasive and meets the standard of proof.
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The plaintiff may seek monetary compensation or ask the defendant to stop harmful conduct
In civil law, a plaintiff may seek monetary compensation or ask the defendant to stop harmful conduct. This is done through a civil lawsuit, which typically involves conflicts between people or institutions, such as businesses. To initiate the process, the plaintiff files a complaint with the court and serves a copy to the defendant. The complaint outlines the plaintiff's damages or injuries, explains how the defendant caused the harm, and requests the court to intervene.
Monetary compensation, also known as compensatory damages, aims to compensate the plaintiff for their losses. These losses can include medical bills, hospital bills, rehabilitation expenses, and lost earnings. There are two types of compensatory damages: actual and general. Actual damages aim to provide monetary compensation equivalent to the losses incurred, ensuring that the plaintiff is made whole. On the other hand, general compensatory damages are more complex and cover non-monetary losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
To receive compensatory damages, the plaintiff must prove that a loss occurred and that it was caused by the defendant. Additionally, the plaintiff must be able to quantify the amount of loss, providing evidence to support their claim. The judge or jury will then evaluate the evidence presented and determine the appropriate monetary award, if any.
Alternatively, the plaintiff may seek an injunction, which is a court order requiring the defendant to stop engaging in the harmful conduct. Injunctions can be temporary or permanent and are granted based on specific criteria, such as the likelihood of irreparable harm and the balance of hardships between the plaintiff and defendant. In some cases, the court may also order other types of relief, such as declaring the legal rights of the plaintiff without awarding monetary damages.
It is important to note that civil cases often result in settlements between the parties before reaching the trial stage. These settlements may include monetary agreements enforced by court order, avoiding the need for a judge or jury to determine the outcome.
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The defendant can file a motion to dismiss the complaint
In civil cases, which involve conflicts between people or institutions like businesses, the defendant can file a motion to dismiss the plaintiff's complaint. This is typically done in response to a complaint and instead of filing an "answer". A motion to dismiss asserts the plaintiff's failure to state a claim, and the defendant may try to defeat the claims on the following grounds:
- The plaintiff's allegations don't fit the facts of the case.
- There is a missing element of the claim.
- There are no factual allegations in the complaint, only conclusions.
- The plaintiff is suing for claims not recognized by law or statute.
- The plaintiff has filed in the wrong court, lacks standing to sue, has named the wrong party as a defendant, has filed too late, or has left something out of the complaint.
A judge can dismiss a claim with or without prejudice. A dismissal with prejudice ends the case, whereas a dismissal without prejudice allows the plaintiff to amend or refile the complaint. If the defendant's motion to dismiss is successful, the case may still continue if the plaintiff chooses to amend and proceed with their complaint.
It is important to note that not all civil cases follow the same stages, and some cases have unique procedures set out in the court's rules or governing statutes.
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Frequently asked questions
Civil cases involve legal disputes between two or more parties. They can include conflicts between people or institutions like businesses and usually involve money.
A civil case begins when a party to a dispute files a complaint and pays a filing fee. The complaint describes the plaintiff’s damages or injury, explains how the defendant caused the harm, and asks the court to order relief.
The majority of civil cases are resolved prior to trial, either through judicial order or through a settlement between the parties. If the case goes to trial, the decision-maker (either the judge or the jury) will examine the facts of the case and determine the legal consequences of the parties' actions.
