Chapter 16.1 Civil Cases

Types of Civil Lawsuits In civil cases the plaintiff – the party bringing the lawsuit – claims to have suffered a loss and usually seeks damages, an award of money from the defendant. The defendant – the party being sued – argues either that the loss did not occur or that the defendant is not responsible for it.

continued Lawsuits involving a few thousand dollars or less are often handled in a small claims court, where people act as their own attorneys. Lawsuits may involve property disputes, breach of contract, or divorce. A negligence suit is filed when a person has been injured or killed or when property has been destroyed because someone else has been careless or negligent.

continued Equity is a system of rules by which disputes are resolved on the grounds of fairness. People may file a suit in equity to seek fair treatment in a situation in which no law exists to decide the matter. An equity court may stop a wrong before it occurs. A judge decides suits in equity. The judge may issue an injunction, or court order commanding a person or group to stop a certain action.

What Happens in a Civil Case? A lawsuit starts when a plaintiff’s lawyer files a complaint – a formal statement naming the plaintiff and the defendant and describing the nature of the suit. The court then sends the defendant a summons, a document telling him/her of the suit and requiring him/her to appear in court at a certain time.

continued The defendant may respond by having his lawyer file an “answer” to the complaint. The answer may admit to the charges or deny responsibility. The complaint and the answer together are called pleadings. During the discovery process before the trial, both lawyers check facts and gather evidence by questioning the other party and witnesses.

continued The judge may call a pretrial conference with both parties. If the case is weak, the plaintiff may decide to drop the suit. If it is strong, the defendant may offer a settlement of some amount of money the defendant will pay the plaintiff. Another way to resolves disputes is through mediation. A trained mediator does not decide the case, but serves as a neutral party to help the two sides reach an agreement.

continued The two sides may choose arbitration. A professional arbitrator reviews and resolves the dispute and the arbitrator’s decision is usually binding on both parties. Most civil cases are settled before trial for several reasons. First parties often prefer a negotiated outcome to the uncertain outcome of a trial. Second, it may take years for a case to come to trial. Third, trials are expensive and time consuming.

continued If the parties do not settle, the case goes to trial. A jury of 6 to 12 members or, more likely, a judge will hear the case. First the plaintiff and then the defendant present. The plaintiff has to present a “preponderance of evidence” – enough to persuade the judge or jury that the defendant is likely to be responsible for the incident. This is a lower standard than prosecutors must meet in criminal cases.

continued The judge/jury considers all evidence and decides on a verdict in favor of one of the parties. If the plaintiff wins, a remedy is set. If the defendant wins, the plaintiff gets nothing and must pay court costs. If the losing sides believes the judge made errors or some injustice occurred, it may appeal to a higher court. Cases involving large awards are often appealed. As a result, the winning plaintiff may wait years for the money and may end up with nothing.