Cecily Zamora
Civil law deals with a wide variety of cases, including torts, breach of contract, and equitable claims. Civil cases typically involve disputes between private parties regarding their legal duties and responsibilities. In most cases, the plaintiff must prove their case by a preponderance of the evidence, meaning it is more likely than not that the defendant is responsible for the harm suffered by the plaintiff. Civil cases can be heard by a judge alone in a bench trial or by a jury, and the defendant does not face the loss of liberty, only financial penalties or orders regarding their family or property.
| Characteristics | Values |
|---|---|
| Type of cases | Torts, breach of contract, equitable claims, family law disputes, personal injury cases, contract disputes, real estate, probate, employment, intellectual property, civil disputes, violation of tribal ordinances, restraining orders |
| Initiation of case | One party files a "Complaint" |
| Response | "Answer" or "Motion" |
| Discovery | Both sides exchange information and learn about the strengths and weaknesses of the other side's case |
| Pre-trial | Parties prepare for trial; they gather their evidence and organize their witnesses |
| Settlement conference | Parties may attend a settlement conference and may also file motions with the Court to resolve the case or limit the issues for trial |
| Trial | The case is heard by a Judge or jury; once the witnesses testify and evidence is presented, the case is decided and a judgment is entered |
| Post-trial | The parties may appeal the judgment that was entered at trial; the winning party might try to collect the judgment that was entered |
| Decision-making | In most civil cases, Judges or juries determine who wins a civil case based on a "preponderance of the evidence" standard of proof |
| Appeal | Appeals of family law cases, probate cases, juvenile cases, felony cases, and civil cases for more than $35,000 are heard in the Court of Appeal |
| Decision review | The Courts of Appeal review the record in the trial court case to decide if a legal mistake was made and if that mistake affected the final outcome of the trial court case |
| Defendant rights | Defendants in a civil case don't have the right to an attorney. If they can't afford one, they'll have to represent themselves |
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Torts
Tort law is the largest area of civil law. It covers all forms of civil litigation except contractual disputes. Tort law deals with disputes between private individuals and determines whether an individual should be held legally accountable for causing harm to another person or their property. Harm, in this case, does not have to be physical and can refer to economic harm or violation of someone's constitutional rights.
Tort law also determines whether an individual should be compensated for their injuries and how much money is owed. For example, if someone slips and falls in a workplace accident, tort law determines if the employer is liable for the individual's injuries and the amount of workers' compensation due.
There are three main types of tort: intentional, unintentional, and strict liability torts. Intentional torts refer to harm that someone caused deliberately, or actions that the individual knew were likely to result in harm. Assault, kidnapping, battery, robbery, defamation, and fraud are all examples of intentional torts. Unintentional torts are defined as wrongful actions or inactions that harm another person. Negligence tort cases are some of the most common, as they include personal injury lawsuits. For example, an individual may fail to take reasonable care to avoid causing injury to others. Strict liability cases are less common and may be pursued as class actions. In these cases, a group of people who were all affected by the actions of the defendant file a lawsuit together.
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.
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Breach of contract
A breach of contract is not considered a crime or a tort, and rarely results in extra monetary compensation. The parties involved may resolve the issue themselves or in a court of law. If the case goes to trial, a judge or jury will hear testimony and review evidence and then decide on a judgment.
There are different types of contract breaches, including minor or material breaches, and actual or anticipatory breaches. An anticipatory breach occurs when a party states in advance that they will not be delivering on the terms of the contract. A material breach is when a party fails to perform some term of the contract without a good excuse. A minor breach may be when a party does not complete their contractual obligation on time, such as a late payment.
To prove a breach of contract, a plaintiff must first establish that a contract existed between the parties and demonstrate how the defendant failed to meet the requirements of the contract. A written contract signed by both parties is the simplest way to prove that a contract exists, although oral contracts can also be enforced, depending on the type of agreement.
To avoid a breach of contract lawsuit, it is important to ensure that the contract is clear and precise, with all parties understanding their roles and expectations. It is also crucial to ensure that the contract is legal and binding in the location where it is signed.
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Equitable claims
Civil law courts handle a wide variety of cases, including torts, breach of contract, and equitable claims. Equitable claims are a type of claim where the plaintiff asks the court to prompt or stop a particular action or event, rather than seeking monetary compensation. In other words, equitable relief is a court-granted remedy that requires a party to act or refrain from performing a particular act in cases where legal remedies (such as monetary compensation) are not considered sufficient or appropriate restitution. For example, if someone wants to stop property destruction or prevent the improper transfer of land, they would file a request for equitable relief.
Employment law cases frequently include both legal and equitable claims. For instance, the legal claim could be for lost wages, while the equitable claim could be a request to change the company policy that led to the plaintiff's loss. Similarly, in cases of intellectual property theft, a plaintiff may seek a gag order to prevent a party from publishing sensitive information, as monetary compensation may not adequately rectify the potential business or reputation challenges posed by the release of the information.
It is important to note that a lawsuit can include both legal and equitable claims, and the plaintiff can choose to file a hybrid case if they have suffered a loss as a result of the defendant's policy or procedure.
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Personal injury claims
There are three grounds on which personal injury claims can be brought: negligence, strict liability, and intentional wrongs. Negligence is the most common basis for personal injury claims and occurs when an individual fails to behave with a reasonable level of care. For example, a driver may be negligent if they cause an accident by texting while driving. Strict liability holds a defendant liable for their actions, regardless of their intent or mental state. For instance, if a product defect causes injury, the manufacturer is liable even without negligence or intent. Intentional wrongs are intentional acts by the defendant, such as battery, assault, or trespass.
In a personal injury case, the plaintiff (the injured party) typically files a civil complaint against the defendant (the allegedly responsible party). The plaintiff must prove that the defendant acted carelessly or irresponsibly, leading to the accident or injury. The plaintiff seeks compensation for their injuries and associated losses, known as damages. Damages can be economic, compensating for financial losses, or non-economic, addressing physical, psychological, or emotional impacts on the plaintiff's quality of life.
Personal injury cases can be complex, and it is beneficial to consult a lawyer, especially in cases involving major injuries, long-term or unknown future impacts, or multiple potentially responsible parties. Evidence, such as pictures, medical reports, and witness statements, is crucial in supporting the plaintiff's claim. Most civil cases are decided by a judge or jury based on a "preponderance of the evidence," meaning it is more likely than not that the defendant is responsible for the harm.
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Contract disputes
For example, a breach of contract occurs when one party fails to fulfil their obligations as outlined in the contract, such as not completing a job, not paying in full, or delivering goods late or not at all. In such cases, the aggrieved party may seek legal recourse through civil law.
The process for resolving contract disputes typically involves the following steps:
- Examination: Both parties should thoroughly examine the contract to understand the disputed terms, obligations, and potential legal remedies.
- Negotiation: Open and honest communication between the parties is encouraged to clarify misunderstandings, address concerns, and attempt to resolve the dispute amicably.
- Mediation and Arbitration: If negotiation fails, the parties may opt for mediation or arbitration, which involves an impartial third party helping to facilitate a resolution. Arbitration clauses may be included in the contract, making this a mandatory step before litigation.
- Litigation: If all other methods fail, parties may pursue litigation by filing a lawsuit in a court of law. This can be a lengthy and costly process, but it allows for a resolution through a judgment rendered by a judge or jury.
It is important to note that the exact process for resolving contract disputes may vary depending on the jurisdiction and the specific circumstances of the case. Additionally, some contracts, such as those involving the government, may be subject to specific legislation like the Contract Disputes Act (CDA) in the United States.
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Frequently asked questions
Civil cases involve private disputes between at least two private parties.
Civil cases may involve torts, breach of contract, and equitable claims. Torts include claims for personal injury, battery, negligence, defamation, medical malpractice, and fraud. Breach of contract cases may involve claims for non-payment or non-delivery of goods. Equitable claims involve asking the court to make someone do something or stop them from doing something.
In civil cases, a judge examines the facts of the case and applies the law to decide on legal consequences. The judge may also encourage litigants to resolve their dispute outside of court through mediation or arbitration.
In civil cases, the jury decides whether the defendant is responsible for harming the plaintiff and determines the amount of compensation the defendant must pay.
In most civil cases, the burden of proof is on the plaintiff to prove their case by a "'preponderance of the evidence", meaning it is more likely than not that the defendant is responsible for the harm.
