Explain the purpose of Civil Court. Identify types/examples of civil cases that are presented before Civil Court. Compare civil cases to criminal cases.
Updated: 11/21/2023
Civil Cases | Definition, Types & Example
Table of Contents
- What is Civil Court?
- What is a Civil Case?
- Types of Civil Cases
- Stages of Civil Cases
- Examples of Civil Cases
- Lesson Summary
- FAQs
- Activities
Prompts About Civil Court:
Study Prompt:
Make a set of flashcards containing the definitions of all of the bolded terms from the lesson (civil court, plaintiff, defendant, complaint, answer, discovery, arbiter, mediator, burdens of proof).
Example: An answer is a defendant's response to the plaintiff's initial complaint.
Graphic Organizer Prompt 1:
Create a poster, chart, or some other type of graphic organizer that explains what a civil court is, who the parties in it are, and the process to begin a civil case.
Example: One step in the beginning is that a formal summons is provided to the defendant.
Graphic Organizer Prompt 2:
Make a chart, poster, or some other type of graphic organizer that lists and briefly describes the differences between a civil court and a criminal court.
Example: Punishments are different in civil courts versus criminal courts.
Essay Prompt 1:
Write an essay of approximately one page that explains the pretrial process in a civil case and why it can take so long. Also make sure your essay explains why it is relatively uncommon for civil cases to make it all the way to trial.
Example: Mediators often help both parties come to a resolution so that a trial is not necessary.
Essay Prompt 2:
In about two to three paragraphs, write an essay that describes how a civil case proceeds in trial.
Example: Each side has witnesses testify.
What are civil courts used for?
A civil court is an institution created by the government to resolve disputes or arguments between two or more people.
What are the three most common types of civil cases?
The three most common types of civil cases presented in civil court are:
- Tort Claims
- Breach of Contract
- Landlord/Tenant Issues
What are two examples of a civil case?
- A person injured in a motor vehicle accident sues the driver of the vehicle.
- An employee sues his employer after falling at work, injuring his leg and being unable to work.
Table of Contents
- What is Civil Court?
- What is a Civil Case?
- Types of Civil Cases
- Stages of Civil Cases
- Examples of Civil Cases
- Lesson Summary
There are two types of court: civil court and criminal court. A civil court is an institution created by the government to resolve disputes or arguments between two or more people. However, criminal courts handle criminal offenses in which a case is filed against a person for a crime committed. The state initiates criminal matters. A criminal case starts when a police officer arrests someone for breaking the law.
Cases that are handled in civil court include:
- Damage to property
- Probate issues
- Family issues
- Divorce
- Landlord and tenant disputes
- Juvenile misconduct
- Back rent
- Unpaid personal loans
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Courts handle two types of disputes: civil and criminal. A civil case is a dispute between two citizens in which one person sues another. It includes description of incident, assignment of blame and request for a specific remedy. The plaintiff, or accuser, brings the case to civil court and usually asks for money in compensation for damages caused by the defendant, or the accused.
Let's consider this example: Robert needed extra money to improve his business he recently started. A longtime friend of his agreed to invest $5,000 in his business. The agreement was for Robert to repay the money invested along with interest within six months from the day the loan was agreed upon. Robert, however, failed to uphold the agreement and did not pay back the money. How should this matter be handled? This is a clear example of how civil cases originate.
Let's look at another example of a civil case.
If one person signs a written promise to pay money to another, the second person has a right to expect payment. If the first person fails to pay, the second person may sue the first in civil court, as illustrated in the example above. However, if a case is resolved before going to trial, an arbiter or mediator might be asked to render a formal verdict instead of the matter being settled with a formal trial. The burden of proof in a civil case is decided by a preponderance of the evidence. Civil cases do not result in prison sentences.
A criminal case, on the other hand, is a public matter.
In a criminal case, the injury is thought to harm the community as a whole. It starts when a police officer arrests someone (who becomes the defendant) for breaking the law. The arrested person is told the reason for the arrest and what his or her legal rights are.
For some crimes, a police officer must actually see a person breaking the law in order to make an arrest. For others, a police officer may make an arrest upon the word of a witness to the crime. The police officer arranges for the arrested person to appear in court. For example, if a thief breaks into a shop and steals money, the crime affects the shopkeeper and all of the people in the community because everyone's sense of peace and security is threatened. Therefore, it is a case for the criminal courts.
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Below are types of civil cases. The three most common civil cases are tort claims, contract breaches and landlord/tenant issues.
- Tort Claim - An act committed by one person that causes harm to another. Tort cases can take many different forms, and can relate to a person's personal safety, safety of their property, and financial security. Common torts related to accident and injury include assault or battery cases, and negligence cases in which one party alleges that a caregiver did not do their assigned duty.
- Breach of Contract - This occurs when two or more people enter into an agreement and one person fail to fulfill the contractual obligation; Occasionally, this is due to a contract that is written in fuzzy terms that creates disparate expectations in the signers, but usually it is because one party overextends itself and doesn't have the money or employees to fulfill their obligations.
- Equitable Claims - These are requests made to the court to order a party to take some action or stop some action. For example, the Springfield City Council decides to re-zone a parcel of residential land as commercial land. The neighbors, who own homes on the neighboring parcels, are not pleased by this decision. The neighbors can sue the City Council and ask the court to issue a preliminary or permanent injunction to block the law from taking effect.
- Landlord/Tenant Issues - These are disputes arising between landlords and tenants. For example, when a tenant does not pay rent, a landlord can ask the court to evict the tenant and request money damages for rent, late fees and, court costs. The landlord can file complaint immediately after the tenant fails to pay rent.
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Below are the general stages of a civil suit and terms often found within those stages.
- Filing a Complaint - The plaintiff usually asks for money in compensation for damages caused by the defendant
- Building the Discovery - The parties collect evidence and documents and interview witness to prepare for trial; both sides exchange information and learn about the strengths and weaknesses of the other side's case.
- Going to Trial - Both sides present their evidence and a juror or judge decides who is at fault; this could last for a couple of hours or a couple of months, depending on the case complexity. The longest civil case, lasting more than fifty years, was the Myra Clark litigation hearing. It began in 1834 and ruled in her favor against the City of New Orleans in 1889.
- Appealing the Judgement - The loser of the case has the right to appeal to a higher court and ask for the result to be overturned.
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Below are examples of civil cases.
- A person injured in a motor vehicle accident sues the driver of the other vehicle.
- An employee sues his employer after falling at work, injuring his leg and thus losing his ability to keep working.
- A homeowner hires a builder to build a patio deck and sues the builder when the deck is poorly constructed and has to be repaired.
- A family sues their doctor when the doctor does not discover that the mother has cancer in time for the cancer to be treated.
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Courts are designed to fairly and peaceably enforce laws and settle disputes. Courts decide whether a person or organization accused of a crime is guilty or innocent and determine the punishment for those who are found guilty. The nature of a dispute or offense will determine if cases are classified as a civil case or criminal case.
Civil cases are initiated by an individual or individuals in which the courts must decide who is right. Criminal cases, on the other hand, are cases for the criminal court that are enacted by law enforcement. Both civil and court cases include a plaintiff and defendant. The three most common civil cases are tort claims, contract breaches and landlord/tenant issues. The general stages of a civil case are filing a complaint, building discovery, going to trial, and appealing the judgement. A civil case does not result in anyone going to jail, but rather a remedy to resolve disputes between citizens.
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Video Transcript
Civil Courts
A civil court handles legal disputes that are not crimes. In the United States, all such legal matters are handled by judges, attorneys, and law firms that focus on specific areas of non-criminal law, such as patent law or divorce litigation. In civil cases, there is not a prosecution by the government. Rather, the plaintiff, a person, group, business, institution, or a government body, brings a claim of harm against the defendant, another person or group. Among the many types of civil courts, we include personal injury, medical malpractice, torts, traffic court, bankruptcy, adoption and family court, business issues, and many others.
Civil Court Process
A civil case begins when the plaintiff believes that the defendant has caused some harm. The plaintiff will file an official complaint with the appropriate civil court, which describes the incident, identifies who is responsible, and asks the court for a specific remedy. Notice is given, through a formal summons, to the defendant. The defendant has the chance to respond to the complaint, with a formal answer, where he or she explains the incident from his or her perspective.
Cases move through a lengthy process of pre-trial activity. Indeed, most cases will never go to trial but are resolved earlier. In the pre-trial process, information is gathered through a process called discovery. During discovery, witnesses are interviewed, evidence is collected, and statements are taken. Each side is trying to gather the best case possible. Then, instead of going to a formal trial, many civil cases will go before an arbiter, or mediator. An arbiter or mediator is a court official, sometimes a judge or magistrate, who will assist both sides in coming to a satisfactory resolution of the dispute and assignment of blame outside of a courtroom.
When a case does go to trial, the process resembles a criminal trial. Opening statements are made by the plaintiff, then by the defendant, each side explaining the case from his or her perspective. The plaintiff calls witnesses first, with the opportunity for the defense to cross-examine and present appropriate evidence. When all of the plaintiff's witnesses have been called, the prosecution will rest and give the defense the opportunity to call witnesses, present evidence, and be cross-examined. When both sides have rested their cases, closing statements are offered. The judge will offer instructions to the jury (in jury trials) and, after deliberation, the jury will render a verdict. In bench trials (ones without a jury), the judge will then render a verdict. Finally, the court will compel one or both sides to comply with the decision of the court.
Comparison
There are many important differences between civil and criminal court. Let's learn about the most important distinctions.
First, civil courts present cases before either a jury or judge. The Seventh Amendment of the Constitution guarantees that in all cases which dispute at least $20 of claims, one or both parties can request a jury trial. Otherwise, a judge will issue a verdict on the case after hearing both sides present their claims.
Second, the two courts have different burdens of proof. This is the standard of confidence that judges and juries must have in a guilty verdict in order to convict. To find a defendant guilty of a crime, the jury must be sure 'beyond a shadow of a doubt.' Essentially, there can be no doubt whatsoever. To assign blame in a civil court, the judge or jury must be assured that a 'preponderance of the evidence' is in favor of the decision. This means that it is more likely than not that a party is responsible. Civil courts require a less strict standard of proof.
Further, some civil cases can assign responsibility in part to both the plaintiff and defendant. In these cases, each side will be asked to pay some damages or accept some degree of the blame. For example, in a personal injury case when the injured person was careless or negligent when using a product but the damage happened because a company's product was faulty. A person may be driving a vehicle impaired by alcohol and get into a traffic accident. If the brakes failed on the car, the automotive company and the driver may both be at fault in part.
Finally, there are two types of verdicts that can be rendered for civil cases. A judge or jury can require a party to pay monetary damages or require compliance with a court order. For example, a person can be required to stay away from his or her ex-spouse's home. Crimes, on the other hand, are usually repaid with imprisonment and/or fines to the state.
Lesson Summary
Civil courts try cases of harm between two parties, called the plaintiff and defendant. The civil process differs from criminal cases in several notable ways: opportunity for a jury or bench trial, burdens of proof, division of responsibility, and types of possible verdicts.
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Civil Cases | Definition, Types & Example
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