Civil Law Resolutions to disputes between people.

Types of Civil Cases  Contract law – a set of voluntary promises made between parties who agree to do or not to do something.  When making a contract the following must be true:  All parties must be mentally competent.  In most cases, they must be of legal age.  The contract cannot involve anything illegal.  The contract includes an offer, an acceptance, and a consideration.

Types of Civil Cases  Property law – the use and ownership of property.  Real property is defined as land and whatever is attached or growing on it. (Housing discrimination often involves real property).  Personal property is movable items, i.e., Clothes, jewelry, stocks and bonds.

Types of Civil Cases  Family law – deals with relationships between family members including marriage, divorce, child-parent relationships, and child custody issues.  This type of law is changing very rapidly in recent years because the definition of “family” has changed.

Types of Civil Cases  Tort/ Civil Wrong – a wrong that does not involve a contract, in which, the injured party has the right to sue.  An intentional tort means that the offending party meant to cause harm to the injured party.  Negligence is a tort that means that the offending party has done something involving careless behavior against the injured party. Negligence is determined by what a reasonable person would do.

Injunctions  Sometimes a civil suit consists of the plaintiff asking the court for an injunction against the defendant.  An injunction may be granted to force the defendant into taking or not taking a certain action.  Many people in northern Montgomery County have attempted to get an injunction to prevent a company from using marsh lands to make a housing development.

Hiring a Lawyer  To begin a civil action, the first step is to hire a capable lawyer.  Lawyers may work on an hourly fee, but most of the time they work on a contingency.  That means that they get a % of the winnings of you win and nothing if you lose.

Filing a Complaint in a Civil Suit  When a person wants to bring a civil complaint, he/ she makes a complaint with the court and delivers their complaint to the defendant.  In a more common court case: a complaint to the court states that the bartender served a man too many beers, and because of the bartender’s negligence, the customer got into a car accident on his way home from the tavern.

Receiving a Summons  Next, the defendant receives a summons, which includes information about the lawsuit and when to appear in court.  If the defendant cannot get the case dismissed, then he/ she must file an answer (a formal response) back to the court.

Discovery  The time before the trial is known as discovery.  During this time both sides:  Interview witnesses.  Check the facts of the case.  Gather evidence.  Examine records and photographs.  File motions.  This can be both expensive and time consuming for everyone involved.

Mediations  90% of cases are settled before an actual court decision is made.  A settlement may be reached in one of three ways:  Either party may decide to contact the other party before or during the case to reach a settlement.  Another way is through mediation, which is when an unbiased person listens to both arguments of the case and helps to come to a mutual decision.  The final way is through arbitration, who will listen to the evidence and make a decision. An arbitrator’s ruling is often binding.

The Trial If a case can’t be worked out between the parties it will go to court. Civil cases may be heard by a judge or by a judge and jury. Depending on the size of the lawsuit, civil cases can drag out for weeks, but usually not as long as criminal cases.

The Award  After a decision is made, the judge may listen to the juries recommendations, or may adjust their decision to something more in line with the similar decisions.  The judge may award the damages to the plaintiffs request as well, to deter any future acts by the defendant.  Also, the loser in the case often has to pay the court costs and in frivolous cases, attorneys fees for the other party.  In the bartender case, who should win, the customer or the bartender and bar? You are the jury.

Verdict of our Case  Recently, the courts have ruled that businesses such as bars and liquor stores are accountable for selling alcohol to people that are too intoxicated and are not of the right mind to know when to stop drinking.  People supplying alcohol at a private party are not held to these same standards.  The court finds for the customer and he will be awarded the damages he is seeking. ..