Thus, a civil lawsuit can be brought for a contract dispute , a residential eviction after an interrupted rental agreement , injuries sustained in a car accident, or myriad other damages or disputes.
Unlike a criminal case, which seeks to punish the wrongdoer for a crime, a civil case is intended to compensate the victim.
Civil lawsuits vs. criminal cases
There are key differences between civil lawsuits and criminal cases. Any private party, including individuals and other entities that have suffered damages, can file a civil lawsuit .
In a civil case, the burden of proof is less stringent than in a criminal case. The outcome of a civil case is usually a compensation for loss and damage , but can also be an order that the other party to perform a specific act or to refrain from participating in a specific act.
On the other hand, a prosecutor must press charges against an individual in a criminal case, the purpose of which is not to see that a victim is compensated for the mistakes made by the accused, but to seek justice and punishment for the criminal.
25 examples of civil lawsuit
Here is a list of typical civil lawsuits :
- Lawsuits on urban rentals
- Lawsuits for succession
- Discrimination lawsuits
- Lawsuits regarding privacy
- Lawsuits for the cessation of a work
- Lawsuits for protection of tenure
- Lawsuits for damages.
- Lawsuits on gender violence
- Divorce lawsuits
- Lawsuits to redeem a possession
- Lawsuits regarding the honorary rights of the person
- Lawsuits for the destruction of objects that end up causing damage to the plaintiff
- Lawsuits regarding unfaithful competition
- Lawsuits attempting to rectify inaccurate facts
- Lawsuits requiring maintenance due to some legal provision
- Lawsuits for non-performance of a contract
- Lawsuits that are related to a person’s image
- Request to request the collection of a promissory note , a bill of exchange or a check
- Lawsuits about violence in the family
- Intellectual property lawsuits
- Lawsuits regarding children and adolescents
- Lawsuits for the collapse of a column or tree that causes any damage
- Lawsuits for physical, verbal or psychological abuse of a woman
- Lawsuits seeking damages for defective medications
- Non-contractual civil lawsuits (example: accident in a shopping center)
Complete process of a Civil Lawsuit
The most common method used to assert and defend civil rights, including property rights, contract rights, and other non-criminal matters, is the filing of a civil lawsuit.
- The first step in filing a civil lawsuit is to determine if there has been any harm.
- The next step is to complete the necessary documents and submit them to the civil court.
This can often be done by simply completing the Invocations and Complaints forms , providing the information requested by the forms. In a more complex case, it may be necessary to complete a more complete statement of the situation. These are presented as pleadings attached to the Complaint form.
In any event, a Complaint must include an identification of all parties involved, a detailed description of the harm done by the defendant, the harm suffered by the plaintiff, and a prayer of relief, which is a statement of what the plaintiff wants to get out of. Of demand.
- Once the appropriate documents have been presented, a copy of them must be personally delivered to the defendant.
This can be done by a registered process server or by anyone over the age of 18 who is not involved in the lawsuit in any way. The person who served the documents must complete and sign a document called Proof of Service.
Filing Proof of Service informs the court of the date, time, and location of the service, and that the case can now move forward.
- After receiving a civil lawsuit, the defendant has a limited amount of time to respond by filing an answer with the court.
The defendant’s response allows you to admit or deny the claims in the Lawsuit. If the defendant does not file an answer within the allotted time, the court can award the plaintiff a predetermined judgment.
If the civil lawsuit has been filed in small claims court, the trial date is set immediately. For a more complex case presented in ordinary civil court , there is a somewhat lengthy process of gathering information, evidence, and witnesses that must occur before the parties request a trial date.