What You Need to Know About Civil Lawsuits

Most disputes that come before the courts are between private parties and are known as civil law. Disputes can include injuries, money owed, divorce, and contract disputes. A civil suit is filed by one private person who seeks to right a wrong. Civil lawsuits can be filed by people, businesses, or associations and is not limited to individuals.

There are five main areas of law to which a civil lawsuit can be filed which include tort, contract, property, domestic relations, and inheritance laws.

A tort case is a civil case that is filed on the basis that an injury was caused because someone did not do their job. One example of tort law would be in a case involving an officer for falsely arresting someone. While the injury doesn't necessarily draw blood, it can cause other repercussions with jobs, and social acceptance.

Contract law cases are most prevalent in small claims courts. A contract is an agreement between one or two parties. Whether it is verbal or oral, contracts can be disputed in court if one party feels as though the contract was severed or unfulfilled.

Property law is lawsuits to which a party is disputing ownership of real or personal property. Real property involved land and what is on the land while personal property covers everything else.

Domestic relations issues are becoming bigger by the year and constitute most of the cases that appear before major trial courts. Domestic relations cover a large area of law that relates to domestic (home) life. Lawsuits of this type include divorce, custody, support, alimony, and adoption. Domestic relations are also referred to as being "family court".

The last area for which civil law can be applied is in cases involving inheritance involves settling cases over disputed wills, allocating funds and property after a person is deceased, and probate issues which are proving that a will is genuine.

People file lawsuits because they feel that they were wronged and are asking the court for a remedy to the situation. The type of relief depends upon the case that is being heard and whether the case is a violation of law or equity. The judge will then grant either declaratory judgments, monetary judgments or equity judgment.

A declaratory judgment is usually handed down by a judge who is overseeing cases involving domestic cases such as divorce. It allocates the persons legal rights. Monetary damages that can be imposed come in the form of compensatory or punitive damages. A compensatory damage award is usually the result of tort cases and is a money settlement of loss that the petitioner suffered as a result of negligence. Punitive damage awards are money that is awarded to petitioners who were harmed maliciously or willfully by another entity. Punitive damage awards can be from an injury that has resulted due to a product or service that was used or can also be given in cases where an injury occurred from another person (such as a fist fight). The key word for an award of punitive damages is liability. The judge will determine whether or not the company or person is liable for the damage that was done.

Equity cases involve seeking temporary restraining orders, preliminary injunctions and permanent injunctions. Temporary restraining orders are usually ordered in cases involving domestic disputes and can be given without the accused person's presence. The TRO is a temporary solution until a full hearing is held about the issue at hand.

Preliminary injunctions are awarded when the judge or attorney feels like irreparable damages can occur if action if not taken by the court. Preliminary injunctions are usually imposed during trials to ensure that the information that was heard is not given to a person who has not testified.

Permanent injunctions are orders that restrict a person indefinitely from disclosing information, even after the trial. Such as the permanent injunction that race car driver, Dale Earnhardts wife Terry asked the court for; to grant in relation to the release of autopsy photos. Now that this injunction is in place, anyone who violates the order and can be held in contempt of court. Contempt of court charges can then be punishable by fines and/or jail time.

Civil law is supposed to place a victim back in the "place" they were before the injury occurred; whether the injury is aggravation, stress, or assault. Through time, we have seen many public displays of civil law right on our televisions and America is no longer afraid to use civil remedy to alleviate their problems. However, even though a judgment is places on an entity, it doesn't necessarily mean that they will proper financially. It could be a series and lifetime in court before chump change is even seen. Civil laws are the basis for the "set an example" law. While we can see what can be done in a court of law, the outcome is not always worth the frustration and time; it is a personal preference whether a person wants to file a law suit and it is also a right.

Examples of Civil Suits and Remedies:

I don't think that anyone who reads this article does not know who O.J. Simpson is. He was acquitted of the murders of his x-wife and her friend. Regardless of him not being found liable for their deaths, a civil suit for wrongful death came courtesy of Ron Goldman's father who was awarded $8.5 million in compensatory damages and $25 million in punitive damages. While we cannot put a price on life, and the numbers are big, he is more likely never going to see any of that money because OJ has all of his money secured in IRAs that cannot be touched; even by the govt.

Another memorable case that ended on a happier note (financially) is the Rodney King case. His civil lawsuit nets him $3.8 million and because he sued the city of Los Angeles, he will most likely see most of this money, as most businesses that are sued have insurance for such issues.

Just as in criminal trials, the end result can go either way. They are all remedies but in the end, we still can't always say that justice was served because while we may think that they will pay, it isn't always the case.