Keith Mack
Civil law refers to disputes between people, businesses, or institutions. Civil cases are tried in district court and begin when a plaintiff files a complaint against a defendant, outlining their damages and how the defendant caused them. The plaintiff can be an individual, organisation, business, or government body. Civil cases cover a wide range of issues, including torts, breach of contract, equitable claims, landlord-tenant issues, family cases, consumer problems, and more. The plaintiff may seek compensation or ask the court to order the defendant to stop the harmful conduct. The case may be heard by a judge or jury, who will examine the facts and evidence to determine the legal consequences. The plaintiff must prove their case by a 'preponderance of the evidence', meaning their case is more likely true than not. Cases can be settled outside of court to avoid trial expenses and other risks.
| Characteristics | Values |
|---|---|
| Nature of the case | Civil law refers to disputes between people, businesses, or institutions. |
| Type of court | Civil cases are heard in civil court or federal court. |
| Plaintiff | The plaintiff is the party that initiates the case by filing a complaint. |
| Defendant | The defendant is the party that the plaintiff accuses of causing harm. |
| Types of cases | Civil cases include tort claims, breach of contract claims, equitable claims, and landlord-tenant disputes. |
| Standard of proof | The plaintiff must prove their case by a "preponderance of the evidence," meaning their case is more likely true than not. |
| Resolution | Civil cases can be resolved through settlement, judicial order, or a jury trial. |
| Consequences | Consequences may include monetary compensation, orders to perform or stop an action, or a combination of these. |
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What You'll Learn
The plaintiff files a complaint
A civil law case involves a legal dispute between two or more parties. This can be between people, institutions, or businesses. The first step in a civil lawsuit is for the plaintiff to file a complaint with the court and serve a copy of the complaint to the defendant. The plaintiff is the party that has been harmed and is seeking relief from the defendant, whose actions allegedly caused the harm.
The complaint filed by the plaintiff should describe the damages or injury suffered, explain how the defendant's actions caused this harm, and show that the court has jurisdiction over the matter. It should also include a request for relief, which could be in the form of monetary compensation for the damages or an order for the defendant to stop the conduct causing the harm. The plaintiff may also seek a declaration of their legal rights in a particular situation.
In some cases, the plaintiff may be unable to pay the required filing fee. In such instances, they can file a request to proceed in forma pauperis, which, if granted, waives the fee.
After the plaintiff files the complaint, the defendant may respond with an "Answer" or a "Motion". This marks the beginning of the discovery phase, where both sides exchange information and learn about the strengths and weaknesses of each other's cases. During this phase, witnesses may be required to answer questions about the case before the trial. This is known as a deposition, and it involves the witness answering questions under oath, with a court reporter transcribing the proceedings.
The discovery phase is important as it helps both sides prepare for trial and gather evidence and witnesses. It also provides an opportunity for the parties to reach a settlement and avoid the expense and delay of a trial. Judges often encourage the use of mediation, arbitration, and alternative dispute resolution methods to help litigants resolve their disputes without proceeding to trial.
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The defendant answers
Once the plaintiff has filed a complaint, the defendant can file an answer or a motion to dismiss the complaint. This is the defendant's opportunity to respond to the allegations made by the plaintiff. The defendant may deny the allegations, present evidence to support their case, or argue that the plaintiff's claims are unfounded or lacking in evidence.
The defendant's answer is typically filed in writing and served on the plaintiff. It should address each allegation made by the plaintiff and state whether the defendant admits or denies the allegation. If the defendant denies an allegation, they should provide an explanation or provide evidence to support their denial. In some cases, the defendant may also assert what are known as "affirmative defences". These are arguments that admit the alleged facts but dispute their legal significance or present additional facts that reduce the defendant's liability.
During the discovery stage, the defendant's lawyer will work to gather evidence, interview witnesses, and develop a legal strategy. This stage is crucial for both sides as it allows them to learn about the strengths and weaknesses of the opposing side's case. The defendant may also be required to participate in a deposition, where they will answer questions about the case under oath, with a lawyer from each side present, as well as a court reporter who produces a transcript.
After the discovery stage, the defendant and their lawyer will prepare for trial. This includes organising any remaining witnesses and gathering all the necessary evidence. The defendant may also file a motion for summary judgment at this stage, which asks the judge to decide on all or part of the case without a full trial, on the grounds that there are no disputes of fact and that the law clearly favours a specific decision.
If the case proceeds to trial, the defendant's lawyer will make an opening statement, followed by the presentation of the defendant's witnesses and evidence. The defendant may also choose to testify on their own behalf, although they are not required to do so. After both sides have presented their cases, each side will make a closing argument, and the judge or jury will make a final judgment.
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Discovery and pre-trial
The discovery stage of a civil law case is when both sides exchange information and learn about the strengths and weaknesses of the other side's case. This may include a deposition, requiring a witness to answer questions about the case before the trial. The witness answers questions from the lawyer under oath, with a court reporter present to produce a word-for-word account, called a transcript.
During the pre-trial stage, the parties prepare for trial by gathering evidence and organizing their witnesses. They may also attend a settlement conference to try to resolve the dispute and avoid the expense and delay of a trial. Judges encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, and litigants often agree to a settlement. If a settlement is not reached, the court will schedule a trial.
In most civil cases, judges require the parties to submit a pre-trial order, in which the plaintiff and defendant provide the substantive and procedural framework for their respective cases as they expect to present them at trial. The parties may also file motions, such as a motion for summary judgment, which asks the judge to decide all or portions of a case based on the information presented in briefs.
The overwhelming majority of civil cases are resolved prior to trial, either through judicial order or through a settlement between the parties.
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Trial and judgement
A civil trial involves the plaintiff and the defendant presenting their cases to a judge or jury, who then decide on a judgment or verdict. The plaintiff presents the facts of the case and the defendant's alleged role in causing harm, while the defendant's attorney provides their interpretation of the facts and any affirmative defences. The plaintiff may call witnesses and experts to testify, as well as introduce physical evidence such as documents and photographs. The defendant may also choose to testify and call their own witnesses. In a jury trial, the jury will be tasked with examining the evidence and coming to a unanimous verdict. If they cannot agree, the judge may declare a mistrial and the process may have to start over.
During the trial, a court reporter will be present to record the proceedings and produce a transcript. The judge is responsible for maintaining order and determining the legality of any evidence presented. They will also instruct the jury on the relevant laws and standards that must be applied to the case. In a bench trial, where there is no jury, the judge will decide on the facts of the case and the outcome.
Before the trial, there are several stages that must take place. The initial stage is the pre-filing stage, where the dispute arises and the parties try to negotiate a resolution. If this is unsuccessful, the pleading stage begins, where the plaintiff files a complaint and the defendant files a response. This is followed by the discovery stage, where both sides exchange information and evidence, and finally, the pre-trial stage, where the parties prepare for trial.
After the trial, one or both parties may appeal the judgment, or the winning party may try to collect the judgment.
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Settlement
In civil law cases, the parties involved are encouraged to settle their disputes outside of court to avoid the expense and delay of a trial. This settlement can be reached through mediation, arbitration, or other forms of alternative dispute resolution.
The settlement process typically begins with the pre-filing stage, where the dispute arises, and the parties try to negotiate a resolution and prepare for potential legal action. This is followed by the initial pleading stage, where one party files a complaint, and the other party may respond with an answer or a motion to dismiss the complaint. At this point, the judge may hold a pretrial conference to set a schedule for discovery and potentially a trial date.
During the discovery stage, both sides exchange information and learn about the strengths and weaknesses of each other's cases. This stage may include depositions, where witnesses answer questions from lawyers under oath, with a court reporter transcribing the proceedings. After discovery, the parties may attend a settlement conference to try and resolve the dispute before proceeding to trial.
If a settlement is reached, it often involves the payment of money from one party to the other and can be enforced by a court order. By settling, the parties avoid the uncertainty of a trial and the risk of losing. The settlement agreement provides a resolution that is acceptable to both sides, allowing them to move forward without the need for further legal proceedings.
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