Presentation on theme: "Both Civil Courts and Small Claims Courts fall into the “Civil Court” category. The Distinction between the two courts is the amount of money being requested."— Presentation transcript:
Both Civil Courts and Small Claims Courts fall into the “Civil Court” category. The Distinction between the two courts is the amount of money being requested.
Based on the amount of money being requested. Different states have different dollar limits. If the lawsuit exceeds this amount, it cannot be heard in small claims court. $2500 in Arizona $3000 in New York $5000 in California Small Claims courts are cheaper, faster, and much easier than regular Civil Courts.
Used for lawsuits with a large dollar amount. Examples: In January, a visitor to Tucson’s Sonoran Desert Museum filed a lawsuit for medical bills totaling $80,000 after being attack by a Javelina. Last Week, a 61 year old Michigan Salesman sued his former employer for $25,000 saying that he was fired for being overweight, not for poor performance.
Civil Court cases involve private individuals. Local, State, and Federal Government rarely a party in a Civil Case. Think of “Judge Judy” or “People’s Court” on Television. These are examples of Small Claims court. In both Small Claims and Civil Courts, the question at hand is “Did one party cause harm to another party.” You can be found guilty even if no law was broken.
In Civil Cases, it is necessary to have a PREPONDERANCE OF THE EVIDENCE. Preponderance of the Evidence means that it is more likely than not that the accused is guilty of the charges. Guilty Not 90% 10% 51% 49% 51%
Small Claims Court No Lawyers. Everyone involved has to represent themselves, though lawyers can help in preparation. A lawyer cannot represent a party in a small claims case. Civil Court Lawyers often play a large role deciding these cases.
Civil Courtrooms do not have the power to punish guilty individuals with incarceration. You will never serve jail time in a Civil Case. Civil Courtrooms have the power to: Award money to one party or another Order the return of private property by a certain date (if property is not returned, then money is awarded.) OJ Simpson was found Guilty of causing wrongful death in his civil case. His punishment was a $25 Million Dollar fine.