General Civil Law Fundamentals
What is civil law?
Answer: Civil law involves the legal battle between the two parties which concerns the recovery of damages or some specific relief by the aggrieved party.
What are some examples of civil law cases?
Answer: Cases include personal injury, breach of contract, property dispute, defamation, family disputes, and tenant-landlord dispute.
What does a judge do in a civil case?
Answer: The judge manages the case, makes sure all legal processes are met, and even make a ruling if it does not go before a jury.
Who bears the burden of proof in a civil case?
Answer: The plaintiff has to prove their case with “preponderance of the evidence”, which is his claim more probable to be true than otherwise.
How does civil law differ from criminal law?
Also read:
- https://truelegalexpert.com/20-questions-and-answers-about-civil-law-basics-every-citizen-should-know/
- https://truelegalexpert.com/25-common-civil-law-questions-answered-by-legal-experts/
- https://truelegalexpert.com/30-frequently-asked-civil-law-questions-clarified/
Answer: Civil law settles disputes and provides remedies; criminal law metes out punishments for offenses against the state or society.
Filing and Responding to Lawsuits
How do I initiate a civil lawsuit?
Answer: I file a complaint in the correct court, pay the filing fee, and have the defendant served with legal notice.
What is a summons?
Answer: It is a legal notice to the defendant about the existence of the suit and the necessity to respond within a certain timeframe.
What if I fail to respond to a lawsuit?
Answer: The court may grant a default judgment against you, giving the plaintiff what they seek. If that sounds scary, what is the statute of limitations?
Answer: The amount of time allowed to bring a lawsuit, which varies depending upon the type of case and jurisdiction in which you live. Can I sue the plaintiff back?
Answer: Yes, if you believe the plaintiff has injured you, you can use the same lawsuit to file a counterclaim.
Discovery and Pretrial Procedures
What is discovery?
Answer: A pretrial process in which both parties exchange information and gather evidence to prepare their cases.
What are interrogatories?
Answer: Written questions one party sends to the other, requiring detailed responses under oath.
What is a deposition?
Answer: A sworn, out-of-court testimony by a party or witness, used as evidence during the trial.
What is a motion to dismiss?
Answer: A motion by the defendant asking the court to dismiss the case because of legal defects in the plaintiff’s claim.
What is a settlement conference?
Answer: A session in which parties and their attorneys try to resolve the case before trial, usually with the help of a mediator or a judge.
Trials and Results
May I demand a jury trial in a civil case?
Answer: Yes, in most civil cases, you can request a jury trial, although some are tried to a judge.
What occurs in a civil trial?
Both sides present evidence, call witnesses and make arguments before the judge or jury, who make up their minds.
Directed Verdict
The judge declares victory for one of the parties during the trial if the other is not able to present enough evidence.
How long does a civil case take?
Answer: It varies very much, but simple cases are sometimes decided within months, whereas complicated disputes take years.
Can I appeal a civil court decision?
Answer: Yes. If you feel the court has erred legally or procedurally, you can appeal the case to a higher court.
Damages and Remedies
What types of damages can I recover?
Answer: Compensatory damages (e.g., medical expenses, lost wages), punitive damages (to punish wrongdoing), and nominal damages (symbolic).
What is specific performance?
Answer: A court order requiring a party to fulfill their contractual obligations instead of paying damages.
What is an injunction?
Answer: A court order requiring a party to do or refrain from doing a specific act.
Can I recover legal fees in a civil case?
Answer: Depends on the jurisdiction and the case. Some contracts and laws provide that attorney fees will be awarded to the prevailing party.
What is a default judgment?
Answer: A judgment granted in favor of the plaintiff when the defendant fails to respond or appear in court.
Alternative Dispute Resolution
What is mediation?
Answer: A voluntary process in which a neutral third party assists disputing parties in reaching a mutually acceptable resolution.
What is arbitration?
Answer: A non-binding or binding process in which a neutral third party hears and decides the case outside of court.
What is small claims court?
Answer: A simplified court procedure for settling cases involving smaller sums of money, sometimes without attorneys.
Can I settle a case at any time?
Answer: Yes, parties may settle a case at any time before judgment.
What happens if a settlement agreement is breached?
Answer: You may bring a motion to enforce the settlement, or file an entirely new suit alleging breach of contract.
Specific Specializations within Civil Law
What is tort law?
Answer: Tort law addresses and provides redress for civil wrongs, including negligence, defamation, and intentionally inflicted injuries.
What is contract law?
Answer: Contract law addresses and ensures that agreements made between parties have been satisfied; otherwise, contract law addresses remedy for breaches of contract.
What is property law?
Answer: Property law covers the issues of ownership, use, and disputes concerning real estate and personal property.
What is family law?
Answer: Family law involves divorce, child custody, alimony, and adoption.
What is probate law?
Answer: Probate law refers to the administration of a deceased person’s estate, including wills, trusts, and inheritance.
Practical Tips on Civil Disputes
How can I avoid a lawsuit?
Answer: If possible, resolve disputes through negotiation, mediation, or arbitration.
Can I represent myself in a civil case?
Yes; you must still follow court procedures and legal standards, however, which often proves difficult for an inexperienced litigant.
How do I collect damages after winning a case?
Use methods like garnishment, liens, or court orders to enforce the judgment if the defendant does not pay voluntarily.
What if I can’t afford a lawyer?
Seek legal aid organizations, pro bono services, or self-help resources provided by courts.
When should I consult a lawyer?
Answer: For complex disputes, large financial stakes, or unfamiliar legal processes, consulting a lawyer ensures better representation and outcomes.
Final Takeaways
Civil law helps resolve disputes and protects private rights.
Knowing your rights and responsibilities can prevent or simplify disputes.
Alternative dispute resolution methods like mediation or arbitration can save time and money compared to a trial.
Understanding these FAQs will empower people to handle everyday civil law issues with greater confidence and better protect themselves legally.