What is Civil Litigation?

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In a wide variety of civil cases, either side is entitled under the Constitution to request a jury trial. If the parties waive their right to a jury, then a judge without a jury will hear the case. A litigation attorney, also referred to as a trial lawyer or litigator, represents either defendants or plaintiffs who are involved in civil disputes. These litigators will typically specialize in a particular area, such as divorce law or medical malpractice suits. Civil litigation law is incredibly broad, so it’s helpful to keep a focus on just a few areas rather than attempting to represent them all. The model of the Civil Litigation Clinic is based on student self-direction and community outreach.

  • The amount of money involved was an important factor influencing lawyers' decisions to spend time in lawsuits, but moves initiated by the other side were more important in determining hours spent.
  • The courts encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, designed to produce a resolution of a dispute without the need for trial or other court proceedings.
  • Once litigation is underway, professional assistance is vital when it comes to tracking down key evidence and testimony, presenting motions to the court, and working to achieve a favorable final resolution.
  • Other civil cases are decided by juries, where it is only necessary that at least 9 of the 12 jurors agree on the verdict.
  • The San Diego Public Library is a popular destination that connects our diverse community to free educational and cultural resources that will enrich their lives.
  • During the discovery phase, pertinent documents may be requested, depositions taken, and other vital information, such as expert witness opinions, is exchanged between the parties.

A plaintiff who is unable to pay the fee may file a request to proceed in forma pauperis. Trial proceedings often start with preliminary motions, which address evidentiary issues and with jury selection, followed by opening statements from each party’s attorney. A local civil litigation attorney would present the theory of the case and the full range of evidence, including documents and witnesses, before the court. If the client is the plaintiff in the case, the first thing their local civil litigation attorney would do is investigate their claim to determine whether sufficient evidence exists to initiate a lawsuit.

How Do I Find a Lawyer?

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If not, the judge issues his or her ruling from the bench, and that ruling is entered into the record. Civil disputes can be incredibly difficult to resolve whether you are a plaintiff or defendant, and especially if you have little to no prior experience with these types of cases. Seeking professional assistance with these matters could help you resolve your case quickly while effectively pursuing your desired outcome.

What are 3 examples of civil cases?

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  • A person who is hurt in a car accident sues the driver of the other car;
  • A worker sues his employer after the worker hurts his back at work and can never work again;
  • A homeowner who has hired a builder to build a new kitchen sues the builder when the kitchen is badly built and has to be fixed;

Business Law – Our business lawyers in Greenville SC law practice aims to resolve a number of different disputes, from contested partnership to breach of contract and disgruntled employees. By applying rules of evidence, the judge determines which information may be presented in the courtroom. So that witnesses speak from their own knowledge and do not change their story based on what they hear another witness say, they are kept out of the courtroom until they testify.

What Does a Civil Litigation Paralegal Do?

Defend the District and its employees in all personal injury lawsuits, including both negligence and intentional claims such as motor vehicle accidents, slip and fall accidents, and medical malpractice. Civil cases usually involve private disputes between persons or organizations. Criminal cases involve an action that is considered to be harmful to society as a whole (hence, these are considered offenses against the "state" or the jurisdiction of the prosecution). It's important to understand the differences and similarities when considering civil cases vs. criminal cases, summarized in the sections below.

The Life Cycle of a Typical Civil Litigation Case

Because of this focus, students have a great deal of input into and ability to shape their clinical experience. CLC cases involve little pre-trial discovery and therefore focuses on trial skills. Students participating in the Civil Litigation Clinic help low-income clients work through civil controversies in a variety of areas, including housing , domestic violence and employment . In addition to integrating legal theory and practice, students work with community groups to identify and address systemic legal issues. The Torts Litigation Section defends the Commonwealth and its agencies, officials, and employees in personal injury and property damage actions in each of Pennsylvania’s 67 counties. Many of these matters involve claims against the Pennsylvania Department of Transportation for death or serious bodily injury resulting from the allegedly defective design, construction, or maintenance of state highways.