Anaya Nolan
Civil cases, also known as common law civil action suits, are legal disputes between two or more parties. They are often conflicts between people or institutions, such as businesses, and usually involve monetary compensation for damages or losses. Civil cases can also involve requests for the court to enforce or prevent a person or entity from taking a certain action. These are generally more complicated types of civil cases. Civil litigation refers to the legal proceedings undertaken to resolve a dispute and seek redress or compensation for injuries. Civil courts handle a wide range of cases, including torts, breach of contract, equitable claims, landlord-tenant issues, and more.
| Characteristics | Values |
|---|---|
| Definition | A civil action suit involves a legal dispute between two or more parties. |
| Initiation | A civil action suit begins when a party to a dispute files a complaint and pays a filing fee. |
| Plaintiff's Role | The plaintiff files a complaint with the court and serves a copy to the defendant, describing their damages or injury and explaining how the defendant caused the harm. |
| Defendant's Role | The defendant may be ordered to compensate the plaintiff monetarily or to stop the conduct causing harm. |
| Court's Role | The court may order relief, such as a declaration of the plaintiff's legal rights or an injunction against the defendant. |
| Types of Cases | Civil cases may involve torts, breach of contract, equitable claims, landlord-tenant issues, property damage, contract disputes, personal injury, and employment cases. |
| Burden of Proof | In common-law countries, the burden of proof in civil proceedings is generally a "balance of probabilities." |
| Settlement | Parties are encouraged to resolve their disputes through mediation, arbitration, or other alternative dispute resolution methods to avoid the expense and delay of a trial. |
| Trial | If a settlement is not reached, the court schedules a trial, which may be heard by a judge or a jury, depending on the parties' preferences and the case's complexity. |
| Decision | The judge or jury examines the facts and evidence presented to determine the legal consequences and decide who wins the case based on the preponderance of the evidence. |
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What You'll Learn
Civil law vs. criminal law
Civil law is a broad term for all non-criminal law, typically settling disputes concerning money or property between private citizens. Civil cases involve conflicts between people or institutions like businesses. These conflicts usually (but not always) involve money. A civil action begins when a party to a dispute files a complaint, and pays a filing fee. A plaintiff may seek monetary compensation for damages or may ask the court to order the defendant to stop the conduct that is causing harm.
Criminal law, on the other hand, deals with offences against the state. Criminal cases are prosecuted by state officials, whereas civil cases are between plaintiffs or private individuals/organisations. In criminal cases, the government files a case against someone for committing a crime. The person accused of committing the crime is called the defendant. If the defendant is found guilty, they may go to jail or prison.
In civil cases, the plaintiff must convince the jury that it is more likely than not that the defendant is responsible for the harm the plaintiff has suffered. In criminal cases, the burden of proof is much higher, requiring proof "beyond a reasonable doubt".
Civil cases often involve tort law, which covers harmful actions that result in injury to a person, their property, or reputation. They can also involve breach of contract, where a party fails to perform some term of a contract without a good reason, or equitable claims, where the court is asked to make someone do something or prevent them from doing something.
Both civil and criminal cases can occur simultaneously if, for example, a victim sues a perpetrator for civil damages resulting from a crime.
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Common law vs. civil law
Civil cases involve conflicts between people or institutions like businesses. These conflicts usually (but not always) involve money. A civil action begins when a party to a dispute files a complaint, and pays a filing fee. The plaintiff may seek money to compensate for damages or may ask the court to order the defendant to stop the conduct that is causing harm. Civil cases may involve torts, breach of contract, or equitable claims.
Common law, on the other hand, is a legal system that originated in medieval England and is characterised by its reliance on judicial precedent. It is less prescriptive than civil law, with fewer provisions implied into a contract. This means that it is important to set out all the terms governing the relationship between the parties to a contract in the contract itself. Common law allows for extensive freedom of contract, and generally permits anything that is not expressly prohibited by law.
Civil law, in contrast, is a legal system rooted in the Roman Empire. It was comprehensively codified and disseminated starting in the 19th century, with France's Napoleonic Code and Germany's Bürgerliches Gesetzbuch. Civil law is more prescriptive than common law, with more provisions implied into a contract. This means that less importance is placed on setting out all the terms in the contract itself, as inadequacies or ambiguities can be remedied or resolved by operation of law. Civil law judges tend to give less weight to judicial precedent.
Louisiana is the only U.S. state whose private civil law is based heavily on the French and Spanish codes, rather than English common law. Private law in Louisiana has been codified into the Louisiana Civil Code.
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Civil litigation
Civil cases involve conflicts between people or institutions, usually centring on money. A civil action begins when a party to a dispute files a complaint and pays a filing fee. The plaintiff may seek damages or request that the defendant stops the conduct causing harm. The plaintiff must prove each element of their claim, or cause of action, to recover damages. This is usually done by showing that it is more likely than not that the defendant is responsible for the harm suffered.
The civil litigation process involves several stages, including pre-filing, initial pleading, discovery, and post-discovery/pre-trial. During pre-filing, parties may make demands, attempt to settle, and prepare for potential litigation. In the initial pleading stage, one party files a complaint, to which the other party may respond with an answer or motion. The discovery stage involves both sides exchanging information and learning about the other side's case. In the post-discovery/pre-trial stage, the parties prepare for trial by gathering evidence and organising witnesses. They may also attend a settlement conference to try to resolve the dispute without a trial.
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Civil cases: types and examples
A civil case involves a legal dispute between two or more parties, often individuals or institutions like businesses. These conflicts usually involve money and begin when one party (the "plaintiff") claims to have suffered harm from the other's ("the defendant") actions. The plaintiff may seek monetary compensation for damages or losses or ask the court to order the defendant to stop or perform a specific action.
Civil cases cover a wide range of issues, including:
- Torts: A tort is a harmful action causing injury to a person, their property, or reputation. Tort claims include personal injury, battery, negligence, defamation, medical malpractice, and fraud.
- Breach of contract: This occurs when a party fails to fulfil the terms of a contract without a valid reason. It can involve non-completion of work, non-payment, late payment, or failure to deliver goods.
- Equitable claims: The court may be asked to make someone perform or refrain from performing a specific action. For example, preventing property destruction or improper land transfer.
- Landlord/tenant issues: These include eviction attempts, disputes over security deposits, and other rental property matters.
- Family law: Cases involving divorce, child support, child custody, and adoptions.
Civil cases can be resolved through mediation, arbitration, or other alternative dispute resolution methods, avoiding the need for a trial. However, if a settlement is not reached, the court will schedule one. In most civil cases, the decision-maker (judge or jury) determines the outcome based on a "'preponderance of the evidence', meaning the winning side's evidence is more likely to be true.
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Civil case procedures
Civil cases involve conflicts between people or institutions like businesses. These conflicts usually (but not always) involve money. A civil action begins when a party to a dispute files a complaint, and pays a filing fee. A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis, and if granted, the fee is waived. The plaintiff may seek money to compensate for damages or may ask the court to order the defendant to stop the conduct causing harm.
The plaintiff files a complaint with the court and serves a copy to the defendant. The defendant has 21 days to respond after being served. If the defendant does not respond within 21 days, the court may enter a default judgment on behalf of the plaintiff. The complaint describes the plaintiff's damages or injury, explains how the defendant caused the harm, and asks the court to order relief.
After the initial pleading, both sides enter the discovery phase, where they exchange information and learn about the strengths and weaknesses of the other side's case. Discovery may include a deposition, requiring a witness to answer questions about the case before the trial. A motion is a formal request made by one party to the judge, asking for a specific action or decision to be taken. Motions can serve several purposes, including dismissing the case if there is insufficient evidence.
After discovery, the parties prepare for trial by gathering evidence and organising their witnesses. A settlement conference may be attended to encourage the use of mediation, arbitration, and other forms of alternative dispute resolution. Settlements usually involve monetary agreements and are legally binding contracts outlining the terms and conditions agreed upon by both parties.
If a settlement is not reached, the court will schedule a trial. In a jury trial, the judge will explain the relevant law and the decisions the jury needs to make. The jury must decide whether the defendant is responsible for harming the plaintiff and determine the amount of damages to be paid. If the case is tried before a judge without a jury, known as a "bench" trial, the judge will decide these issues. In most civil cases, judges or juries determine who wins a civil case based on a "
After evidence is heard, each side gives a closing argument. The judge will then charge the jury, after which the jury will retire to consider its verdict. The verdict is of vital importance as it decides the outcome of the case and can affect both parties. If a party is unhappy with the verdict, they may file an appeal, but this does not automatically mean a new trial.
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Frequently asked questions
A civil action suit is a legal dispute between two or more parties. It is a branch of law that deals with civil wrongs and quasi-contracts, as well as contract law and the law of property.
Civil action suits can involve a range of issues, including but not limited to:
- Torts, or harmful actions that result in injury to a person, their property, or their reputation.
- Breach of contract, where one party fails to uphold the terms of a contract without a valid excuse.
- Landlord/tenant disputes.
- Employment cases.
A civil action suit begins when a party to a dispute files a complaint and pays a filing fee. The plaintiff files a complaint with the court and serves a copy to the defendant, outlining their damages or injury and explaining how the defendant caused them harm. The plaintiff may seek monetary compensation or ask the court to order the defendant to change their conduct.
In a jury trial, the judge will explain the relevant law and the jury will decide whether the defendant is responsible for harming the plaintiff and determine the amount of damages to be paid. In a "bench" trial, the judge decides these issues without a jury. The decision is based on a preponderance of the evidence, meaning that it is more likely than not that the defendant is responsible for the harm.
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