Civil cases focus more on monetary retribution while criminal cases are about punishment. The penalties for criminal violations are harsher than that for civil offenses. Automobile accidents, product defects, and violation or infringement of property rights will all come under the purview of civil litigation. Thus, the common types of civil cases are:
Product Liability
Copyright Violations
Debt Settlement
Class Action Suits
Defamation Action
Business Litigation
Contract Disputes
The principle of civil litigation law is to protect peoples rights, create strategies, and design remedies. It is a means of resolving disputes and for seeking justice.
The Procedure Coinciding with Civil Litigation
There are separate laws that govern civil matters and these again differ from state to state. Civil litigation attorneys are well-versed with these technicalities and can advise their clients as to what the best course of action will be. Often, people make the mistake of underestimating a civil lawsuit and take matters into their own hands without seeking any legal opinion. This can prove to be a mistake, and realization may dawn only when its too late. A large majority of civil cases are settled out of court and thus, do away with the need for a trial of any kind. If there are more than two parties involved, or if the case cuts across state lines, then litigation becomes more complicated.
Civil litigation attorneys will need to prepare for pleadings, pre-trial appearances, trial and judgment, and appeal if required. Such a lawsuit is set into motion the moment a written complaint is filed. A written answer is expected from the defendant before any type of plea can be made. This is followed by the discovery process which is when all the investigations and documentations are catalogued. Next are the summary adjudication and the summary judgment. All other motions and trial preparations are then filed and completed. Trial preparations are completed and the civil litigation attorneys pursue the trial in court.
Jury trials are also common in such cases. After both parties have presented their side of the matter, the matter is up for deliberation before a verdict is arrived at. In the event of an unfavorable verdict, appeals can then be pursued.
Basic Skills Needed
Most civil litigation attorneys handle both plaintiff and defendant cases. Discussing the details of the case with a lawyer will provide you with better insight into the matter. The lawyer will then be able to provide an accurate assessment about the possible outcome of the matter and the most suitable approach to take. Decent and competent civil litigation attorneys must possess certain skills such as adequate knowledge of the law, legitimate analytical ability, knowledge of negotiation techniques, and a knack for legal research.
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