Civil Matters: Private disputes between persons or organizations/companies
Civil laws regulate disputes between parties, including individuals and corporations. Civil litigation attorney provides help in course of action to a party injured or damaged by another party’s wrongful act. A civil action is initiated by filing a complaint in the appropriate trial court. Once the complaint is filed and served on the Defendant, the Defendant can either answer the complaint or risk having a default entered against them.
Once an answer is filed, the parties will engage in the discovery process. Discovery is a formal process in which each party is able to gather information from the other party, as well as outside sources, to be used to prove their case, disprove the other parties’ case, or prove any defenses. After the parties complete discovery, the court will set a trial date. At trial, the Plaintiff has the burden of proving its case. If the Plaintiff is successful, and if the Defendant cannot prove a defense to avoid liability, a jury (or judge, if the parties opt for a bench trial) will enter a verdict for the Plaintiff and award damages to compensate the Plaintiff. If the Plaintiff is not successful, or if the Defendant proves a defense to avoid liability, the jury will enter a verdict for the Defendant.
Either party may then appeal, and an appellate court may review the trial and verdict to determine if any errors occurred which influenced the outcome of the case. An appellate court can take many actions, including dismissing the appeal, affirming the verdict, reversing the verdict, and sending the case back to the trial to for further proceedings.
If you believe that you’ve been the victim of another party’s wrongful act, contact Kevin A. Leahy as Civil Rights Lawyer to discuss your potential case.