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Civil Law
Resolutions to disputes between
people.
Types of Civil Cases
Contract law – a set of voluntary
promises made between parties who
agree to do or not to do something.
 When making a contract the following
must be true:

 All
parties must be mentally competent.
 In most cases, they must be of legal age.
 The contract cannot involve anything
illegal.
 The contract includes an offer, an
acceptance, and a consideration.
Types of Civil Cases
Property law – the use and
ownership of property.
 Real property is defined as
land and whatever is
attached or growing on it.
(Housing discrimination often
involves real property).
 Personal property is movable
items, i.e., Clothes, jewelry,
stocks and bonds.

Types of Civil Cases

Family law – deals with
relationships between family
members including marriage,
divorce, child-parent
relationships, and child
custody issues.

This type of law is changing
very rapidly in recent years
because the definition of
“family” has changed.
Types of Civil Cases
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Tort/ Civil Wrong – a wrong that
does not involve a contract, in
which, the injured party has the
right to sue.
An intentional tort means that
the offending party meant to
cause harm to the injured party.
Negligence is a tort that means
that the offending party has
done something involving
careless behavior against the
injured party. Negligence is
determined by what a
reasonable person would do.
Injunctions

Sometimes a civil suit consists of
the plaintiff asking the court for
an injunction against the
defendant.

An injunction may be granted to
force the defendant into taking
or not taking a certain action.

Many people in northern
Montgomery County have
attempted to get an injunction
to prevent a company from using
marsh lands to make a housing
development.
Hiring a Lawyer
To begin a civil action,
the first step is to hire
a capable lawyer.
 Lawyers may work on
an hourly fee, but
most of the time they
work on a
contingency.
 That means that they
get a % of the winnings
of you win and nothing
if you lose.

Filing a Complaint in a Civil Suit
When a person wants to bring a civil complaint, he/ she makes
a complaint with the court and delivers their complaint to the
defendant.
 In a more common court case: a complaint to the court
states that the bartender served a man too many beers, and
because of the bartender’s negligence, the customer got into
a car accident on his way home from the tavern.

Receiving a Summons


Next, the defendant receives a summons, which
includes information about the lawsuit and when to
appear in court.
If the defendant cannot get the case dismissed, then
he/ she must file an answer (a formal response) back
to the court.
Discovery

The time before the trial is known
as discovery.

During this time both sides:


Interview witnesses.

Check the facts of the case.

Gather evidence.

Examine records and
photographs.

File motions.
This can be both expensive and time
consuming for everyone involved.
Mediations
90% of cases are settled before an actual
court decision is made.
 A settlement may be reached in one of
three ways:
 Either party may decide to contact the
other party before or during the case to
reach a settlement.
 Another way is through mediation,
which is when an unbiased person
listens to both arguments of the case
and helps to come to a mutual decision.
 The final way is through arbitration,
who will listen to the evidence and
make a decision. An arbitrator’s ruling
is often binding.

The Trial
If a case can’t be worked out between the parties it will
go to court.
Civil cases may be heard by a judge or by a judge and
jury.
Depending on the size of the lawsuit, civil cases can drag
out for weeks, but usually not as long as criminal cases.
The Award
After a decision is made, the judge
may listen to the juries
recommendations, or may adjust their
decision to something more in line
with the similar decisions.
 The judge may award the damages to
the plaintiffs request as well, to deter
any future acts by the defendant.
 Also, the loser in the case often has to
pay the court costs and in frivolous
cases, attorneys fees for the other
party.
 In the bartender case, who should
win, the customer or the bartender
and bar? You are the jury.

Verdict of our Case

Recently, the courts have ruled that
businesses such as bars and liquor
stores are accountable for selling
alcohol to people that are too
intoxicated and are not of the right
mind to know when to stop drinking.

People supplying alcohol at a private
party are not held to these same
standards.

The court finds for the customer and
he will be awarded the damages he is
seeking.

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