Civil Cases

Civil Lawsuits

• Why do some people file civil suits?– Plaintiff claims to have suffered a loss or injury to

themselves and usually seeks damages – or money– Defendant argues that the loss or injury did not

occur or that they are not responsible for it– Courts job? To provide a place to resolve the

differences

Civil Lawsuits

• Involve:– Property disputes– Breaches of contract– Family matters involving two or more parties– Negligence (personal injury)

Process

• 1. hire a lawyer, who files a complaint– The complaint names plaintiff and the defendant

and describes the lawsuits– Defendant is sent a summon – document

announcing that he/she is being sued, along with a time and place

– Defendant responds with an answer – admitting or saying why they are not responsible.

– Pretrial hearing – where suits are dropped, settlements are offered

Process

• 2. Trial– Settlement not reached? Head to trial• Can have a jury, not always necessary

– Plaintiff only has to present a “preponderance of evidence” or enough to convince a judge or jury the defendant more likely than not was responsible

– Losing side thinks they were “robbed”? Can appeal to a higher court