Cecily Zamora
Civil law cases are heard in civil courts, which handle disputes between individuals or entities that the parties cannot resolve alone. These disputes usually involve conflicts over money or property. Civil cases are typically heard by a judge or jury, who examine the facts of the case and determine the legal consequences for the involved parties. The majority of civil cases are resolved prior to trial, either through judicial orders or settlements between the parties. In most states, small claims courts handle cases below a certain monetary value, usually up to $10,000, while courts of general jurisdiction handle high-dollar-value civil suits.
| Characteristics | Values |
|---|---|
| How civil cases are started | A plaintiff files a complaint with the court and serves a copy to the defendant |
| Who hears civil cases | A judge or a jury |
| Where civil cases are heard | Civil cases are heard in courts of general jurisdiction, limited jurisdiction, or unlimited jurisdiction |
| Types of civil cases | Civil cases can be disputes between individuals or entities, including businesses, and often involve money |
| Examples of civil cases | Divorce, child custody, child support, alimony, adoptions, domestic violence, child abuse, and summary eviction cases |
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What You'll Learn
Civil cases are heard in federal or state courts
To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and serves a copy of the complaint to the defendant. The complaint describes the plaintiff's damages or injury and explains how the defendant caused the harm. The plaintiff may seek monetary compensation for the damages or ask the court to order the defendant to stop the conduct causing the harm.
Civil cases are heard in state courts with varying jurisdictions. A "limited jurisdiction" court hears one type of case or cases below a certain dollar value. If the court takes all cases or cases above a set dollar amount, it has "unlimited jurisdiction" or "general jurisdiction". In most states, courts of general jurisdiction are rare. Unlimited civil courts are separate from criminal courts. Each state court system is different, so litigants should check with their state website for court rules.
Civil cases are heard in the Local Court of New South Wales for claims up to $100,000. The Small Claims Division hears claims up to $20,000, while the General Division hears claims above $20,000. Proceedings in the Small Claims Division are generally less formal and less technical than in other Court jurisdictions, and the rules of evidence do not apply. In the General Division, proceedings are more formal, with witnesses attending court and giving evidence, and cases are determined by a magistrate.
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The plaintiff files a complaint and serves the defendant
To begin a civil lawsuit in federal court, the plaintiff must file a complaint with the court and serve a copy of the complaint on the defendant. This complaint outlines the plaintiff's damages or injury, explains how the defendant caused the harm, and asks the court to order relief. The plaintiff may seek monetary compensation for damages or request that the defendant be ordered to stop the conduct causing the harm. The complaint must also show that the court has jurisdiction over the case.
The summons, complaint, and answer are the documents that initiate a lawsuit. These documents present the positions of both the plaintiff and the defendant and are necessary before a lawsuit can proceed. The plaintiff must file a summons and complaint to start the legal process. The summons and complaint must be served on the defendant within 120 days of filing the complaint. Service of process can be done through certified mail or in-person delivery by a process server.
The defendant has a specified amount of time to respond to the complaint, which varies depending on the jurisdiction. During this time, the defendant may file an answer, asserting defences and responding to the allegations, or a motion to dismiss the complaint. If the defendant waives service of the complaint, they typically have 60 days to respond. The answer must be a clear and concise statement, following the local rules and requirements of the court.
Once the complaint and answer have been filed, the judge holds a pretrial conference to set a schedule for discovery and potentially a trial date. During the discovery process, witnesses may be required to provide testimony under oath, and both parties may file various motions, such as a motion for summary judgment, to resolve the case before proceeding to trial.
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Cases are heard by a judge or jury
Civil cases involve conflicts between people or institutions, such as businesses. These conflicts usually (but not always) involve money. A federal civil case involves a legal dispute between two or more parties. In most civil cases, it is up to the judge or jury to determine who wins the case, based on a ""preponderance of the evidence" standard of proof. This means that the evidence presented by the winning side was more likely to be true. It is important to note that decisions are not determined by the amount of evidence presented but by the persuasiveness of the evidence.
During a civil trial, the decision-maker (judge or jury) will examine the facts of the case to understand what happened and how to apply the law. The court or jury then decides on the legal consequences of the parties' actions. In a wide variety of civil cases, either side is entitled to request a jury trial under the Constitution. If the parties waive this right, the case will be heard by a judge without a jury. Civil juries typically consist of no fewer than six and no more than twelve members, excluding alternate jurors. All verdicts must be unanimous unless the parties agree otherwise, which is not an option in criminal cases.
In some cases, parties may settle the case themselves without a trial, avoiding expenses and other negative risks. Settlements usually involve monetary agreements, which may be enforced by court order. Judges encourage the use of mediation, arbitration, and other forms of alternative dispute resolution to produce a resolution without the need for a trial or other court proceedings. As a result, litigants often agree to a "settlement".
The court system is established by the state's constitution, and the types of cases heard in each court define its jurisdiction. Subject matter jurisdiction refers to the types of cases heard in a court. A "limited jurisdiction" court hears one type of case or cases below a certain dollar value. Unlimited jurisdiction or general jurisdiction courts hear all cases or cases above a set dollar amount. In most states, courts of general jurisdiction are rare. Each state court system is different, so litigants should check their state's website for court rules.
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Civil cases involve disputes between individuals or institutions
A civil case 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 complaint describes the plaintiff's damages or injury, explains how the defendant caused the harm, and asks the court to order relief. The plaintiff may seek money to compensate for the damages or ask the court to order the defendant to stop the conduct that is causing the harm. The court may also order other types of relief, such as a declaration of the legal rights of the plaintiff in a particular situation.
Civil cases can be heard in different courts depending on the type of case and the amount of money involved. For example, in the US, small claims courts can only take cases below a certain amount of money, usually quite small, with most states limiting small claims to $10,000 or less. There are also intermediate courts, known as limited civil or city civil courts, such as in New York City. In New South Wales, the Local Court has two divisions to determine civil cases: the Small Claims Division hears claims up to $20,000, while the General Division hears claims over $20,000 (up to $100,000).
Courts of general jurisdiction hear class action suits and high-dollar-value civil suits. If a party requests a jury trial, the trial goes to a court of general jurisdiction. In most states, courts of general jurisdiction are rare. Civil juries consist of no fewer than six and no more than 12 members, and all verdicts must be unanimous unless the parties agree otherwise.
In most civil cases, judges or juries determine who wins based on a "preponderance of the evidence" standard of proof. This means that the evidence presented by the winning side was more likely true than not. Decisions are based on the persuasiveness, not the amount, of the evidence presented.
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The majority of cases are resolved prior to trial
The majority of civil law cases are resolved before they reach the trial stage. This is due in part to the encouragement of judges for litigants to resolve their disputes outside of court, saving time and expense. Mediation, arbitration, and other forms of alternative dispute resolution are often suggested by the court to produce a resolution without a trial.
In the case of a settlement, the court will not be needed, but the agreement must be put into writing and signed by both parties. This is known as 'terms of settlement' or 'consent orders'. The agreement is then presented to the court, where a magistrate will review and formalise it.
In the absence of a settlement, a trial will be scheduled. In a wide variety of civil cases, either side can request a jury trial. If this request is waived, a judge will hear the case alone. A civil jury consists of no fewer than six and no more than twelve members, and all verdicts must be unanimous unless the parties agree otherwise.
Before a trial, a pretrial conference is held, where a schedule for discovery is set, and a trial date is sometimes determined. During discovery, a deposition may be included, requiring a witness to answer questions about the case before the trial. Witnesses answer questions under oath, with a court reporter present to produce a transcript.
A motion for summary judgment can be filed by either the plaintiff or defendant, asking a judge to decide on the case based on two grounds: that there are no disputes of fact that require a trial, and that the law clearly favours a specific decision. If the judge grants this motion, the case is over, and judgment is entered in favour of the party who filed for summary judgment.
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Frequently asked questions
Civil law cases involve conflicts between people or institutions like businesses. These conflicts usually (but not always) involve money.
Civil law cases are heard in civil courts. Civil courts hear all types of disputes other than those involving violations of state penal codes, which are heard in criminal courts. Civil courts hear cases when parties cannot resolve a dispute alone.
Civil law cases include disputes about money or property, such as loan agreements, divorce, child custody, child support, alimony, adoptions, domestic violence, child abuse, and summary eviction cases.
