Unlike criminal law cases, civil litigation law cases involve a procedure where the individual, companies and other parties will use the court to settle disputes. The criminal case will typically involve the government in the prosecutions of a party where the party violates a criminal statute. A civil litigation focuses primarily on private disputes where a monetary judgment is the common result. This article will point out the different types of civil litigation law cases that a lawyer will argue.
Personal Injury Cases
One of the most common types of civil litigation lawsuits includes personal injury law. When a person is injured due to neglect by another individual or company, the first party has the right to file a legal claim. Personal injury lawsuits are often seen in commercial situations where there are slip-and-fall accidents or workplace injuries. However, the personal injury cases can also be seen in motor vehicle accidents or injuries incurred from defective products.
Litigation Arising From Contracts
When a person fails to perform the duties or act under the obligations noted in a contract, the other party in the contract has the right to file a lawsuit. This form of civil litigation lawsuit is known as a breach of contract claim and the plaintiff (the second party) can sue for recovery of monetary damages by the defendant (the first party). It is also possible that the plaintiff could request the court order the defendant to act in accordance with the terms of the agreement. This is known as specific performance.
Family Case Law And Divorce
Conflicts and disputes arising from problematic family relationships also fall in the realm of civil litigation. Divorce, separation, domestic violence, child custody, and support payment cases are all forms of family case law that can be represented by a civil litigation attorney. Of course, this typically requires a specialized attorney as there are specific forms of legislature applying to these claims.
Disputes Regarding Real Estate
Conflicts regarding the ownership rights of property, title claims to real estate, and property boundaries are all located in civil litigation. It is not common that a court would see criminal activity involved in these disputes, or if so the focus would potentially be on monetary compensation. One example of this type of dispute includes a property owner who claims trespassing and asks for an injunction to prevent further encroachments.
Tenant And Landlord Disputes
One of the most common types of tenant and landlord disputes arising in civil litigation is that of evictions. This involves disputes regarding the tenant’s inability or refusal to comply with the terms of the signed lease. It could also involve conflicts regarding the services a landlord is providing or not providing according to the lease. Typically, these cases will require monetary reimbursement or requirement to meet specific performance.
Final Words On The Matter
The legal field is a complex area, and an understanding of all areas needs to be obtained for accurate navigation. Using the information above you will have a better view of civil litigation law.