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Civil Cases

Civil Cases

  1.  Types of Civil Lawsuits
  1. Suits in Equity
  1.  Injunction is a court order commanding a person or group to stop a certain action.
  2. Equity is a system of rules by which disputes are resolved on the grounds of fairness.
  3. A judge, not a jury, usually decides suits in equity.
  1. Negligence Suits
  1. Filed when a person has been injured in result of negligence.
  2. Property has been damaged in result of negligence.
  3. Or even killed in result of someone’s negligence.
  1. What Happens in a Civil Case?
  1. Bringing the Suit
  1. You hire a lawyer
  2. Your lawyer files a complaint
  3. The court sends the defendant a summons
  1. The Defendant’s Response
  1. The defendant will hire an attorney
  2. The attorney will file an answer to the complaint
  1. The complaint and the answer together are referred to as pleadings
  2. Before going to trial, the lawyers on each side have an opportunity to check facts and gather evidence; this is a process called discovery.
  1. Pretrial Discussions Possibilities
  1. The judge might call a pretrial conference with both parties to help clarify differences between the two sides.
  2. If the defendant finds that your case is very strong and likely to win they may offer you a settlement
  3. Mediation is where two parties have to talk and listen to each other to solve their issues with help of the mediator
  4. Arbitration process conducted by a professional who reviews the case and resolves the dispute
  1. The Trial
  1. There may be a jury, but most likely a judge will hear the case alone.
  2. The plaintiff presents its side first, followed by the defendant