Civil cases are non-criminal lawsuits that involve private property rights. There are many kinds of civil lawsuits, such as – breach of contract, negligence, probate, copyright violations, and divorce.
Even though civil lawsuits are non-criminal lawsuits, many criminal acts can lead to civil lawsuits because of its damage to private property, especially the negative effects it can bring to an individual’s financial status.
A person who committed assault and battery will charge with a criminal case by the government. Besides that, they may also sue with a civil lawsuit by the victim. It means the defendant may have to face both civil and criminal lawsuits.
If you face both criminal and civil lawsuits, it is always better to consult and hire an attorney. You might even have to hire more than one as you need an expert in criminal cases, and you need another for the civil case.
Major Differences
Criminal cases are more focused on the damages done by an individual to society, while civil lawsuits are damages done to a person or a company. Some criminal acts may be civil doings, but not all civil lawsuits involve illegal actions.
Defining Civil Case
A civil case occurs when a person or an entity, like a company, claims that another person or entity failed to fulfill the duties. Duties are the responsibilities that should do based on the Constitution, Federal law, and state laws. The complainant is the plaintiff, while the defendant failed to adhere to the agreement. In a civil case, the plaintiff may request the court to let the defendant fulfill the duty or compensate for the harm done. In other cases, the plaintiff could ask for both.
The most common civil case is when an individual or an entity failed to fulfill what was agreed upon in a contract with the plaintiff. It will bring to the state and federal courts.
Procedures
Here are common frameworks for the procedures in civil lawsuits:
- Filing of grievance – A civil case starts when a party files a complaint, including the “cause of action” or the reason for filing the case.
- Serving of grievance – After filing, the grievances will serve the defendant. The defendant must show some sign of acknowledgment of the service. Otherwise, it will serve formally.
- Response – This is the answer of the defendant to the plaintiff’s grievance, challenging its sufficiency.
- Hearing – This is when the motions of the litigant will be detected and judged.
- Discovery – This is when the necessary proofs are displayed for the prosecution.
Reach a Settlement
Civil cases take too much money and time to process. If you are a defendant, it would be best to negotiate with the plaintiff and reach a settlement. Giving compromise compensation is better than getting a judgment.
But, whether you are the plaintiff or the defendant, it is best to consult and hire an attorney to get the best out of a civil case.
Related Articles
Four Benefits of An Employee Assistance Program
How To File A Civil Lawsuit Against Somebody?
Why we see repeat bankruptcy cases in Chapter 11
