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Published byShonda Collins Modified over 8 years ago
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Social Science
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The main purpose of civil law is to settle disagreements fairly People file lawsuits, or cases in which a court is asked to settle a dispute, because they feel that they have been injured, owed money, or their rights have been violated Civil courts depend on two main principles for settling arguments: Compensation-being “made whole” for harm caused by another person’s acts, usually through damages, or money that is paid in an effort to make up for a loss Equity-use of general rules of fairness to settle conflicts, usually through an injunction, or an order to do or not to do a certain act
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Many civil cases are personal injury cases, involving either physical or mental harm Other types include the following: Property Cases-damage to property or trespassing Person should carefully consider whether damage was done by the person or not Consumer Cases-buyer or seller goes against a contract, or legal agreement between buyer and seller, when exchanging products Housing Cases-landlord or tenant goes against the lease they both signed Domestic Relations Cases-family relationships, usually divorce Probate Cases-division of a deceased person’s property due to no will
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A civil lawsuit begins with a complaint, or a legal document that charges someone with having caused harm, and a summons, or an order to appear in court Filed in a court and describes the situation and possible solutions The defendant’s written response to the complaint is called an answer, in which they either admit or deny responsibility
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The next step is for both parties to go through a process of discovery, or to gather evidence to support a case Each party has the right to know all information being presented to the court, even information that goes against them One method is to file a subpoena, or a court order to produce a witness or document Another method is to gather deposition, or a record of answers to questions asked of a witness before a trial
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For the most part, civil trials are conducted the same as criminal trials, with a few differences: Parties in a civil case run much less risk that those in a criminal case Juries are used mostly for compensation cases, contain twelve people, and the verdict does not have to be unanimous Verdicts in civil cases must prove that the evidence weighs against the defendant, instead of proving beyond a reasonable doubt that the defendant is guilty
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Civil cases come with a lot of problems that can affect the plaintiff and defendant Lawsuits take a long time to settle Once a civil trial starts, it can take a long time to settle Caused by gathering evidence, selecting a jury, and lawyers requesting delays Cases can become expensive, mostly due to lawyer fees, which can be hourly or a percentage of any earnings awarded Judges and lawyers involved may strongly encourage alternative ways of resolving the conflict
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Because of the time and cost of civil trials, many people will try other methods to resolve conflicts Mediation-a process by which people agree to use a third party, called a mediator, to help them settle a conflict Mediators are trained and sponsored by city and county governments Arbitration-the use of a third person to make a legal decision that is binding on all parties Arbitrator is similar to a mediator, but their ruling must be obeyed by all parties Use of a private judge Use of referee, or a lawyer who hears both sides of a story Mock Trial, or a preview of how the trial will go if the two sides proceed with a trial
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Even if a trial is a necessary process, there are ways you can cut the cost of a civil trial: Small claims court, or a civil court that people use when the amount of money they want to recover is small, usually not more than $3,000 Usually take an hour, only fee is a filing fee, and involves no juries or lawyers Prepaid legal plans-insurance policies for going to court Storefront law offices-law offices located in convenient places who advertise on television and offer cheap prices
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Some argue that large rewards are necessary in order to make up for serious losses and are paid for by corporations who can afford to pay them Others argue that, in the long run, the American public pays for the large rewards through jumped prices by corporations Both sides of the debate feel that the reward should be fair and reasonable, but the definition of those two words and the circumstances of the situation come into play Because of all the burdens involved in civil cases, you should always think carefully about the best way to settle a dispute before going to court
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