Social Science

 The main purpose of civil law is to settle disagreements fairly  People file lawsuits, or cases in which a court is asked to settle a dispute, because they feel that they have been injured, owed money, or their rights have been violated  Civil courts depend on two main principles for settling arguments:  Compensation-being “made whole” for harm caused by another person’s acts, usually through damages, or money that is paid in an effort to make up for a loss  Equity-use of general rules of fairness to settle conflicts, usually through an injunction, or an order to do or not to do a certain act

 Many civil cases are personal injury cases, involving either physical or mental harm  Other types include the following:  Property Cases-damage to property or trespassing Person should carefully consider whether damage was done by the person or not  Consumer Cases-buyer or seller goes against a contract, or legal agreement between buyer and seller, when exchanging products  Housing Cases-landlord or tenant goes against the lease they both signed  Domestic Relations Cases-family relationships, usually divorce  Probate Cases-division of a deceased person’s property due to no will

 A civil lawsuit begins with a complaint, or a legal document that charges someone with having caused harm, and a summons, or an order to appear in court  Filed in a court and describes the situation and possible solutions  The defendant’s written response to the complaint is called an answer, in which they either admit or deny responsibility

 The next step is for both parties to go through a process of discovery, or to gather evidence to support a case  Each party has the right to know all information being presented to the court, even information that goes against them  One method is to file a subpoena, or a court order to produce a witness or document  Another method is to gather deposition, or a record of answers to questions asked of a witness before a trial

 For the most part, civil trials are conducted the same as criminal trials, with a few differences:  Parties in a civil case run much less risk that those in a criminal case  Juries are used mostly for compensation cases, contain twelve people, and the verdict does not have to be unanimous  Verdicts in civil cases must prove that the evidence weighs against the defendant, instead of proving beyond a reasonable doubt that the defendant is guilty

 Civil cases come with a lot of problems that can affect the plaintiff and defendant  Lawsuits take a long time to settle  Once a civil trial starts, it can take a long time to settle Caused by gathering evidence, selecting a jury, and lawyers requesting delays  Cases can become expensive, mostly due to lawyer fees, which can be hourly or a percentage of any earnings awarded  Judges and lawyers involved may strongly encourage alternative ways of resolving the conflict

 Because of the time and cost of civil trials, many people will try other methods to resolve conflicts  Mediation-a process by which people agree to use a third party, called a mediator, to help them settle a conflict Mediators are trained and sponsored by city and county governments  Arbitration-the use of a third person to make a legal decision that is binding on all parties Arbitrator is similar to a mediator, but their ruling must be obeyed by all parties  Use of a private judge  Use of referee, or a lawyer who hears both sides of a story  Mock Trial, or a preview of how the trial will go if the two sides proceed with a trial

 Even if a trial is a necessary process, there are ways you can cut the cost of a civil trial:  Small claims court, or a civil court that people use when the amount of money they want to recover is small, usually not more than $3,000 Usually take an hour, only fee is a filing fee, and involves no juries or lawyers  Prepaid legal plans-insurance policies for going to court  Storefront law offices-law offices located in convenient places who advertise on television and offer cheap prices

 Some argue that large rewards are necessary in order to make up for serious losses and are paid for by corporations who can afford to pay them  Others argue that, in the long run, the American public pays for the large rewards through jumped prices by corporations  Both sides of the debate feel that the reward should be fair and reasonable, but the definition of those two words and the circumstances of the situation come into play  Because of all the burdens involved in civil cases, you should always think carefully about the best way to settle a dispute before going to court