In the U.S., an individual will have to be guilty beyond reasonable doubt for a civil suit to be successful. With civil law, there are various types of claims. Most people will be confused when it comes to classifying the kind of civil cases. But it is crucial to know the difference between a criminal case and a civil case. When dealing with a civil case, you can learn more about the firm by getting in touch with a well-known criminal defense attorney.
There are a lot of various civil law claims and classes of civil law. You may think that civil cases only have personal injury settlement and family law claims, but there is more. Consumer law protects customers from low-quality products that can cause harm. Employment law that defends workers from unfair workplace policies and discrimination. There is also entertainment law, business law, sports law, animal law, tax law, and other disputes. Eviction is a civil case.
As mentioned above, several areas will be handled in a civil court.
Understanding Civil Law
When you look at the various civil claims, you will notice that civil law will comprise disputes involving organizations and individuals. Most times, the cases will have a claimant seeking a monetary settlement. The money could be categorized as reimbursement for property damages, medical bills, or lost wages at your workplace.
Breach of Contract Cases
Breach of contract is one of the most common civil cases. You will see these cases on TV shows—for example, People’s Court. There will be a binding agreement between two parties with a breach of contract, and one party fails to honor the deal. For example, let’s say you loan money to a friend, and the friend promises to give it back, but in the end, he or she never pays the money. This will be categorized as a breach of contract claim. Another situation is where you decide to rent an apartment with someone. Both of you agree to pay a portion, but the person living in the apartment with you fails to pay the agreed amount.
With equitable cases, the court will request someone to take or stop a particular action. There is a chance that it might not be linked to a claim for a monetary award. These cases will see an individual seeking an injunction to prevent the land transfer or property destruction. Also, a person seeking a restraining order will be categorized as an equitable case.
Tort will refer to an unlawful act apart from a breach of contract that ends up injuring another person, reputation, or property through which you will be entitled to a settlement. These cases include battery cases, defamation, personal injury, negligence, fraud, and more.
Disputes between landlords and tenants will be classified under civil cases. This includes situations where a tenant has been evicted from the property. The tenant is filing a lawsuit against the landlord for failing to return the security deposit. These cases can be intense and need to be heard in a civil court.
Understanding What Is Involved in a Civil Case
Several civil cases will need to follow the following stages:
- Pre-filing: At this stage, the dispute will be heard, and both parties will present their demands. Negotiations will happen, and both parties will make preparations for trial.
- Preliminary Pleading: At initial pleadings, one party will file a “complaint” to begin the court process, and he or she will expect a response from the other party. This may be referred to as the motion.
- Discovery: At the discovery step, both parties will have to share information and understand each other’s claims. It is crucial if both are to detect the strengths and weaknesses of the claim.
- Post-Discovery/Pre-trial: During pre-trial, both parties will commence trial preparation. They will gather evidence, have the witnesses ready, get involved in a settlement negotiation, and they might respond to the court so that they can settle the case or prepare for a full trial.
- Trial: At the trial, the claim will be presented before a judge or jury and could last a long time. But it will depend on the nature of the case. Evidence will be presented, witnesses will be cross-examined, and the claim will be heard until it is settled.
- Post-trial: During post-trial, one or both parties may file an appeal to help the claim. The winning team may attempt to get the verdict that was presented.