The Different Types of Civil Cases
In the world of law, there exists two types of court cases: criminal cases and civil cases. Criminal cases are reserved for those that break the law and face jail time, imprisonment, or fines. Civil cases, on the other hand, usually take place between two independent parties. These cases do not involve a criminal trial, but rather deal with disputes in which one side seeks a reward from the other side. A judge or jury decides which side is in the right and which is in the wrong. There are several types of civil cases, and we will go over them in this article.
When a person becomes injured, or something in their possession becomes damaged, and that individual believes another party is at fault, a civil suit may likely follow. The person who feels wronged in this way (known as the plaintiff) can file a claim at their local courthouse, asking that the other party (the defendant) compensate them for the damages. This type of suit is commonly known as a Tort claim. People who feel they were a victim of a car crash, a physical assault, an act of abuse, or even medical negligence, can file a Tort claim.
Sometimes a civil suit might seek to stop a person from conducting a specific action. These suits are often referred to as an equitable claim. The root of these claim may vary greatly. In some instances, a person or organization may file such a claim to try and stop a party from giving out secretive information. The plaintiff may also want the defendant to cease in an activity that is endangering their property or assets, or taking something from them without the legal right to do so.
Many times, a person or organization may have a standing contract with another party. If that party breaches the contract, the plaintiff may a seek a civil suit as a repercussion. These types of claims are commonly known as breach of contract suits. These claims can include contracts where a construction company did not finish a project, or when a party is contractually obliged to follow through with an action, but failed to do so.
While the cause of a civil claim may vary, the method in which the court handles it is usually similar. In nearly all cases, the plaintiff and defendant come to a settlement before the claim ever makes it to court. Settlements save both sides the cost of going through with a trial. If the case does go to court, both sides must show evidence to prove they are right. The judge or jury then decides which side’s story is most likely correct. The verdict is based on a combination of evidence, testimony, and logic.