Criminal Cases 

Criminal cases involve the enforcement of public codes of behavior as they are outlined in state laws.  In criminal cases, the government prosecutes individuals who are accused of violating these laws. Punishments may range from monetary fines, community service, probation, and imprisonment.

Civil Cases

Civil cases involve conflicts between people or institutions like businesses. These conflicts usually (but not always) involve money.  Cases usually begin when one person or business (the "Plaintiff") claims to have been harmed by the actions of another person or business (the "Defendant"). The Plaintiff asks the court for relief by filing a "complaint" and starting a court case.  The Plaintiff may seek "damages" , or money to compensate for their losses or harm. A Plaintiff may also ask for an "injunction". An injunction can prevent a Defendant from doing something; it may also require the Defendant to do something. The Plaintiff may also file a request for a "declaratory judgment" in which the court determines the parties' rights under a contract or statute.

The case can be resolved by trial by Judge or jury. The case may also be resolved by the parties themselves through settlement.

If there is a trial, the decision maker (either the Judge or the jury) will examine the facts of the case to figure out what happened and how to apply the approrpiate law.  Based on this, the court or jury decides the legal consequences of the parties' actions.

Parties may also settle the case themselves. Settlement may avoid trial expenses and other negative risks.  Settlements usually involve monetary agreements. These agreements may be enforced by court order.

Standard Of Proof In A Civil Case

 In most civil cases, Judges or juries determine who wins a civil case based on a "preponderance of the evidence" standard of proof.  This means that the evidenced presented by the winning side was more likely true than not.  Decisions are not determined by the amount of evidence presented; decisions are based upon the persuasiveness of the evidence that is presented.

Types Of Cases In Civil Court

Civil courts handle a wide variety of cases involving numerous legal issues.  Very broadly, civil cases may involve such things as, for example,

• Torts:  A "tort" is a harmful action that results in injury to someone's person, property, or reputation. This damage may entitle the Plaintiff to compensation.  Tort claims involve claims for personal injury, battery, negligence, defamation, medical malpractice, and fraud, among others.
• Breach of contract: A breach of contract case happens when a party fails to perform some term of a contract without a good excuse. Breach of contract cases may involve claims for not completing a job, not paying in full, not paying on time, and failing to deliver goods sold or promised.
• Equitable claims:  An "equitable claim" asks the Court to either make someone do something or to prevent them from doing something. For instance, if someone wants to stop property destruction or prevent the improper transfer of land, that person would file a request for equitable relief, such as a restraining order or an injunction.
• Landlord/tenant issues.  Civil courts handle disputes arising between landlords and tenants.

• Stages Of A Civil Case

  Cases generally proceed through the court system in a series of steps.  Here's a brief summary of those general stages:

  • Pre-filing: When the dispute arises. The parties may make demands, try to settle the issue, and possibly prepare for the possibility of a lawsuit.
  • Initial pleading: One party files a "Complaint". This begins the case. The other party may in some cases respond with an "Answer" or "Motion".
  • Discovery: Both sides exchange information and learn about the strengths and weaknesses of the other side's case.
  • Post discovery/pre-trial: The parties prepare for trial; they gather their evidence and organize their witnesses in order.  If possible the parties may attend a settlement conference. They may also file motions with the Court to resolve the case or limit the issues for trial.
  • Trial: The case is heard by Judge or jury;  once the witnesses testify and evidence is presented, the case is decided and a judgment is entered.
  • Post-trial: The parties may appeal the judgment that was entered at trial; the winning party might try to collect the judgment that was entered.