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CIVIL CASES

Any law which deals with any kind of a dispute between individuals, organizations, or both is a civil law. Civil law mostly relates to the rights, their violation and hence, compensation. It is different from criminal law as criminal law is concerned with punishment as a remedy whereas civil law solves a problem with the awarding of compensation. Due to such differences, the procedure followed is also different for both the variations of law. Civil law procedures are always governed by the Civil Procedure Code. Civil Law can be further classified into various other laws which deals with different industries and also on the basis of social needs.

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Five Common Types of Civil Cases

The primary difference between civil litigation and criminal cases is that in civil cases one or both of the parties is seeking money or another form of compensation rather than criminal charges. In general, the prosecution in criminal cases represents the state in which the trial is taking place, but in civil cases both parties represent themselves, with the assistance of a civil litigation attorney or legal council. These are some of the most common types of cases to appear in civil court.

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Contract Disputes

Contract disputes occur when one or more parties who signed a contract cannot or will not fulfill their obligations. Occasionally, this is due to a contract that is written in fuzzy terms that creates disparate expectations in the signers, but usually it is because one party overextends itself and doesn’t have the money or employees to fulfill their obligations.

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Property Disputes

Property law involves disputes about property ownership and damages to one person’s property or real estate. There are many different types of property disputes that a civil litigation attorney may handle. One common one is property line disputes, in which one party alleges that a neighbor crossed the property line boundary between their two homes for building or planting.

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Torts

A tort is a civil case in which one party alleges that another caused them physical or emotional harm. Tort cases can take many different forms, and can relate to a person’s personal safety, safety of their property, and financial security. Common torts related to accident and injury include assault or battery cases, and negligence cases in which one party alleges that a caregiver did not do their assigned duty.

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Class Action Cases

Class action cases are similar to tort cases, only the prosecution in these cases represents represents a group or class of people who have all been injured by the same thing. These are common in cases of defective products or exposure to hazardous materials in which the faulty item injured multiple people before it was recalled.

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Complaints Against the City

Complaints against the city or federal government are generally settled out of court, but in the event that the government refuses to settle, the complaints are generally tried as civil cases. These cases can be brought in any case where the plaintiff alleges that city law or policy has caused harm to its citizens.

There are numerous other types of civil cases, and sometimes a civil cases will follow up a criminal case that has had an unfavorable outcome for the prosecution. If you think you may have ground for a case, contact us at Brent George Law to discuss options.

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Stages Of A Civil Case

Most civil lawsuits can be divided into the stages listed below:

  • Pre-filing. During the pre-filing stage, the dispute arises and the parties make demands, try to negotiate a resolution, and prepare for the possibility of a court action.
  • Initial pleading. During this stage, one party files papers (called a "complaint") to start the court action, and the other party files some type of response (an "answer" or maybe a "motion").
  • Discovery. During the discovery stage, both sides exchange information and learn about the strengths and weaknesses of the other side's case.
  • Post discovery/pre-trial. In this stage, the parties start preparing for trial; they get their evidence and witnesses in order, they might engage in some type of settlement conference, and they may file motions with the court to resolve the case or limit the issues for trial.
  • Trial. During this stage, the case is actually heard by the judge or a jury (which could last for a couple of hours or a couple of months, depending on the complexity of the case); witnesses are examined, evidence is presented, and the case is eventually decided and a judgment entered.
  • Post-trial. During the post-trial stage, one or both of the parties might appeal the judgment that was entered at trial, or the winning party might try to collect the judgment that was entered.