A civil lawsuit mainly deals with wrongdoings that are not criminal in nature. Some of the more common issues addressed include personal injury, negligence, family disputes, and small claims lawsuits. Cases of personal injury, such as those that result from an automobile accident, may result in a civil lawsuit. Other suits may arise from allegations of negligence, if a person has a responsibility to maintain their property so that others are not hurt on it.
There may be a specific court designed to hear only certain types of civil cases. One of the most common is a family court that handles only personal cases dealing with issues related to the family. Proceedings in a civil case begin when a person files a complaint against another individual for a wrongdoing. The person who files this lawsuit is known as the
Plaintiff. Notice of the complaint is then given to the party being sued, who is commonly known as the
Defendant.
In a court of law, the
Plaintiff has the burden of proving his case against the Defendant. In a civil lawsuit, the
Evidence must show a
preponderance of the Evidence. This means it is more likely than not that a wrongdoing occurred. The attorney for the
Plaintiff typically presents his client's case first. After doing so, the
Defendant's lawyer offers his client's side of the story, and presents any
Evidence that may contradict the
Plaintiff's claim.
The outcome of a civil lawsuit is normally determined by a judge. If either the
Defendant or the
Plaintiff requests one, a jury trial may be granted. In such cases, there are normally between six and 12 jurors who deliberate privately in order to reach a verdict. Typically, the
Decision of the jury members must be unanimous.