After evidence is heard, each side gives a closing argument. In a jury trial, the judge will explain the law that is relevant to the case and the decisions the jury needs to make.
The jury generally is asked to determine whether the defendant is responsible for harming the plaintiff in some way, and then to determine the amount of damages that the defendant will be required to pay. Main content Civil Cases A federal civil case involves a legal dispute between two or more parties. Settling Differences To avoid the expense and delay of having a trial, judges encourage the litigants to try to reach an agreement resolving their dispute. Trial Process By applying rules of evidence, the judge determines which information may be presented in the courtroom.
A civil case is usually instigated by a private party—a person or business who has allegedly suffered some kind of harm or damage. In contrast, a criminal case is brought by a prosecutor or other attorney representing the local government. The "burden of proof" in a civil case—what must be shown in order for the defendant to be held liable for what the plaintiff is alleging—is " by a preponderance of the evidence ," meaning it is more likely than not that what the plaintiff is alleging is what actually happened.
In a criminal case, the government must show the defendant's guilt "beyond a reasonable doubt," which is a much tougher standard to meet. What's at stake in a civil lawsuit can usually be measured in money. The plaintiff is asking the court to make a judgment in the plaintiff's favor, and if such a judgment is made it is usually accompanied by a court order entitling the plaintiff to a certain amount of money called a damages award to be paid by the defendant.
Compare that to a criminal case, where if the defendant is convicted of a crime, he or she is usually facing the prospect of jail time, probation, the payment of a fine, compelled performance of community service, or some combination of these.
In the specific context of a personal injury case, a civil lawsuit usually starts with the filing of a personal injury complaint in the local branch of your state's civil court system. The penalty for being found guilty of a crime is jail or prison time or a fine or both. Infractions like traffic tickets , which are minor violations and, usually, the punishment is having to pay a fine.
Felonies like murder , which are the most serious kinds of crime. If you are found guilty, you can go to state prison for more than a year, and in the most serious cases, get the death penalty. Because of the serious consequences of a guilty verdict, defendants in criminal cases have a number of constitutional rights, like the right to a court-appointed lawyer if they cannot afford one, the right to remain silent, the protection from unreasonable searches, and the right to a jury of their peers.
In criminal cases, the defendant is presumed innocent. And to convict a defendant, the jury must be unanimous, so all 12 jurors must agree on the verdict. Skip to main content Skip to topics menu Skip to topics menu. Cancel Print. In general, the prosecution in criminal cases represents the state in which the trial is taking place, but in civil cases both parties represent themselves, with the assistance of a civil litigation attorney or legal council.
These are some of the most common types of cases to appear in civil court. Contract disputes occur when one or more parties who signed a contract cannot or will not fulfill their obligations.
There are many different types of property disputes that a civil litigation attorney may handle. One common one is property line disputes, in which one party alleges that a neighbor crossed the property line boundary between their two homes for building or planting.
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