Civil Courts

Who is involved in a civil case?

The plaintiff is the person who has filed a lawsuit.



A lawsuit is a legal claim that a person has caused harm and should pay damages (money).




The defendant is the person being sued.

What kind of civil cases are there?

Focusing on 2 types:

Tort means that someone has cause harm through their actions.



Breach of Contract: someone has failed to uphold a legal agreement.

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The burden of proof

In a civil case, the burden of proof is preponderance of evidence.



This means, to win the case, one side has to 51% more convincing than the other side.

​Most civil cases never go to trial.

Trials may not happen for a year or more, take a lot of time, and are very expensive.



There are alternatives.

​Out of court settlement.

Lawyers work out an agreement where the defendant usually agrees to pay a certain amount and does not have to admit guilt.



This is popular with businesses who don't want the negative publicity and feel the settlement will cost less than going to trial.

Arbitration

A neutral person hears both sides of the dispute and makes a decision.

Mediation

A neutral person works with both sides in the dispute to work out an agreement.