Civil Law: Understanding Applicable Laws In A Case

Civil cases involve disputes between people or institutions, such as businesses, and usually concern money. They can be filed in state or federal court and often arise from private disputes between parties over matters such as contracts, torts, employment matters, and property rights and damages. Civil cases are about compensatory damages, and if the defendant is found liable, they usually have to pay monetary damages to compensate the plaintiff.

Tort claims

Tort law is a branch of civil law that deals with situations where one person injures another person. Torts can be intentional, such as assault, battery, or false imprisonment, or they can be unintentional, such as negligence. In both cases, the person who commits the tort has breached a duty of care to the injured person and may be held liable for any resulting damages.

In a tort claim, the plaintiff must prove that the defendant owed them a duty of care, that the defendant breached that duty, and that the breach caused the plaintiff's injuries. The plaintiff must also prove that they suffered damages as a result of the defendant's actions. These damages can include physical, emotional, or financial harm.

It's important to note that tort laws vary by jurisdiction, and different states may have different specific requirements for tort claims. However, the general principle of tort law remains the same: to provide a legal remedy for individuals who have been wronged or injured by the actions of others.

Breach of contract

A civil case is a legal dispute between two or more parties, often involving conflicts between people or institutions, such as businesses. These conflicts usually concern money or harm done to personal rights.

A breach of contract is a violation of the terms of a binding contract. This can be anything from a late payment to a more serious violation, such as the failure to deliver a promised asset. The contract can be written, verbal, or implied from the situation. For a contract to be legally binding and enforceable, there must be a mutual agreement, an offer and acceptance, consideration, capacity by all parties, and a legal purpose.

To sue for breach of contract, there must be a valid contract. The simplest way to prove this is to have a written document signed by both parties. Oral contracts can also be enforced, but certain types of agreements, such as the sale of goods over a certain amount, require a written contract.

If a contract is breached, the remedy is usually to give the victim what they were initially promised. This is known as compensatory damages. The goal of contract law is to place the harmed party in the same economic position they would have been in had the breach not occurred. Punitive damages are rarely awarded, and payouts are limited to the figures listed in the contract.

There are two types of breach of contract: minor and material. A minor breach occurs when you don't receive an item or service by the due date. A material breach is when you receive something different from what was stated in the agreement.

Additionally, a breach of contract can be either an actual breach, where one party refuses to perform the terms of the contract, or an anticipatory breach, where a party states in advance that they will not deliver on the terms of the contract.

If you are involved in a breach of contract dispute, you can resolve the issue among yourselves or in a court of law. However, before filing a lawsuit, it is essential to speak with a lawyer who specializes in contracts to determine if your case has a possibility of success.

Equitable claims

For example, if someone wants to stop property destruction or prevent the improper transfer of land, they would file a request for equitable relief. This could be in the form of a restraining order or an injunction. Equitable claims can be joined with a claim for monetary compensation. For instance, a plaintiff may seek to stop the marketing to a business's customers and also ask for damages.

Landlord-tenant claims

In landlord-tenant claims, the plaintiff (either the landlord or the tenant) files a complaint, outlining their damages or injury, and explaining how the defendant caused the harm. The plaintiff may seek monetary compensation or ask the court to order the defendant to stop the conduct causing the harm. For example, a tenant may file a claim for rent escrow, requesting that rent payments be held in an escrow account until the landlord fixes hazardous conditions on the property. Alternatively, a landlord may file a failure to pay rent claim, seeking to evict a tenant and requesting money damages for unpaid rent, late fees, and court costs.

Before a landlord-tenant claim reaches the trial stage, both parties may attempt to resolve the dispute through negotiation or mediation. If the case does proceed to trial, the plaintiff and defendant will present their arguments and evidence, and a judge or jury will determine the facts of the case and apply the relevant law to reach a decision.

It is important to note that landlord-tenant laws can vary by jurisdiction, so it is crucial for both landlords and tenants to understand their specific rights and responsibilities under local laws.

Civil court procedures

Pre-filing Stage

This is the stage when the dispute arises, and the parties involved try to resolve their differences. They may make demands, negotiate, and prepare for the possibility of a lawsuit. During this stage, the parties may also gather information and evidence to support their claims or defences.

Initial Pleading/Pleading Stage

In this stage, one party, known as the plaintiff, files a formal complaint or claim against the other party, known as the defendant. The plaintiff outlines their facts, legal theories, and requests for relief in a document called a "complaint". The defendant may respond to the complaint with an "answer" or a "motion".

Discovery Stage

During the discovery stage, both sides exchange information and evidence. This stage allows the litigants to learn about the strengths and weaknesses of the opposing side's case. It involves the disclosure of witnesses, documents, and other evidence relevant to the case. Discovery may also include depositions, where witnesses are required to answer questions about the case under oath before the trial.

Pre-trial Stage

In the pre-trial stage, the parties prepare for the trial by organising their evidence and witnesses. They may also engage in settlement discussions to resolve the dispute without proceeding to trial. Additionally, the parties may file motions with the court to resolve specific issues or narrow down the matters for trial.

Trial Stage

The trial stage is when the case is heard and decided by a judge or a jury. Witnesses provide testimony, and evidence is presented to the court. The trial can vary in length, depending on the complexity of the case. After hearing all the evidence and arguments, the judge or jury will make a decision or judgment, determining the legal consequences of the parties' actions.

Post-trial Stage

In the final stage, the parties may appeal the judgment from the trial, or the winning party may attempt to collect any monetary awards or enforce the court's orders.

It is important to note that not all civil cases follow these exact stages, and the procedures may vary depending on the specific court and the nature of the case.

Frequently asked questions