A Dispute Between Individuals Civil Cases A Dispute Between Individuals

Civil Cases In a civil case, the plaintiff (person bringing lawsuit) claims that they suffered a loss and seek damages from the defendant (person being sued) The courts job is to resolve differences Civil cases go to NC District court if case involves less than $10,000, if it is more the case goes to NC Superior Court

Examples Of Civil Cases Property disputes (where a person’s yard begins) Breach of contract (someone did not fulfill their part of agreement) Divorce and alimony settlements Child custody and child support agreements Person is injured or their property is damaged because of someone else’s negligence

Steps in a Civil Case 1. Hire a lawyer who files a complaint- names plaintiff and defendant and why the plaintiff is suing 2. the Court sends defendant a summons- this lets the defendant that there is a lawsuit against him or her and lets him or her know the court date 3. Lawyers on each side check facts and gather evidence, this is called discovery ****This is part of the adversarial process- the two lawyers prepare for the “fight”

Steps in a Civil Case Continued 4. A pretrial conference is held to see where each side stands. They may propose a PRE-HEARING SETTLEMENT- where things are talked out during mediation and an agreement is made 5. Legal Action is taken and the case goes to Trial. The plaintiff has to present a preponderance of evidence- just enough to persuade that the defendant was responsible for damages 6. A verdict or decision is decided. If the plaintiff wins- the remedy is decided (how much the defendant has to pay for damages) 7. Defendant may appeal to a higher court if he loses.