CIL - The Process of a Civil Suit (Lesson)
The Process of a Civil Suit
Introduction
A civil suit is initiated by a party of an issue in a dispute. The party files a complaint in a court having jurisdiction to handle the case. Civil trials follow a rigid process of events when attempting to reach a verdict. A civil lawsuit procedure consists of the rules by which courts carry out civil trials. In this microlesson, we will go through the process of delivery of a civil lawsuit through the judicial process.
Civil Trials
In a more complex civil trial, a judge or jury examines the evidence to decide if the defendant should be held legally responsible for the damages alleged by the plaintiff. The trial process is the plaintiff’s, or the injured party’s opportunity to argue his or her case. The plaintiff hopes that the outcome is to obtain a judgment against the defendant. The trial also gives the defendant, or the one who is claimed to have caused the injury, the opportunity to refute the plaintiff’s case and to bring his or her own evidence forward.
Civil trials may vary, depending on the complexity of the situation. The case may not necessarily focus on the plaintiff’s allegations and the defendant’s liability. For example, a divorce case follows a civil trial process but not with the complexity of a full trial. The trial judge will hear allegations from both sides and will then enter a judgment, such as pertaining to child custody or alimony.
The order of events in the process of a civil trial are presented in the presentation below:
Let's Review!
Take a moment to participate in the following activity to practice your understanding of the topics in this module. Reach out to your instructor if you have any questions.
Final Thoughts
Civil lawsuits arise out of disputes between individuals, businesses, and other entities, including government entities. All civil lawsuits follow the same general process, but the process can vary somewhat depending on the complexity of the circumstances of the case. Many cases, however, are settled before reaching trial through some avenue of alternative dispute resolution. Businesses favor using arbitration as a means to settle out of court.
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