Civil Litigation
Civil litigation is the legal process used to resolve disputes between parties that do not involve criminal charges. It typically involves one party (the plaintiff) seeking compensation or another remedy from another party (the defendant) through a lawsuit.
Understanding Civil Litigation
Civil litigation is a process used to resolve disputes between individuals, businesses, or other entities. These cases do not involve criminal charges. One party, known as the plaintiff, seeks compensation or other actions from another party who is referred to as the defendant.
Key Features of Civil Litigation
Nature of Cases: Civil litigation covers issues such as:
Personal injury claims (accidents, medical malpractice)
Contract disputes (breaches of contract)
Employment issues (wrongful termination or discrimination)
Property disputes (damage to property or property infringements)
Process: Civil litigation involves several steps:
Filing a Complaint: The Plaintiff files a complaint with the court, outlining the case. The Complaint then must be served upon the Defendant in accordance with that jurisdiction’s Rules of Civil Procedure.
Discovery: Both parties exchange information and evidence.
Mediation: Most courts refer cases to Mediation to be resolved, freeing up the court’s calendar for matters that cannot be otherwise resolved.
Trial: If no settlement is reached, the case goes to trial where a judge or jury makes a decision.
Judgment: The court issues a ruling, which may include monetary compensation or other remedies.
Burden of Proof: In civil cases, the burden of proof is generally lower than in criminal cases. The plaintiff must prove their case by a "preponderance of the evidence," meaning it is more likely than not that their claims are true.