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It both initiates legal action on its own and joins actions initiated by other state attorneys general across the Country where doing so is necessary or desirable to protect the legal rights of Pennsylvanians. The Impact Litigation Section also analyzes and advises on requests that the Commonwealth join friend-of-the-court “amicus” briefs in the Supreme Court of the United States and elsewhere around the Country. The Civil Litigation Section represents the Commonwealth, its executive and independent agencies, public officials, and employees in civil litigation. It is involved in a wide variety of lawsuits, most of which concern the constitutionality of state statutes, the operation of state programs, the conduct of state law enforcement officers, the administration of state prisons, or the employment practices of state agencies.
What are 3 examples of civil cases?
- A person who is hurt in a car accident sues the driver of the other car;
- A worker sues his employer after the worker hurts his back at work and can never work again;
- A homeowner who has hired a builder to build a new kitchen sues the builder when the kitchen is badly built and has to be fixed;
In more adversarial situations, as well as in some circumstances mandated by the terms of a contract, two parties may undergo arbitration, which entails a neutral arbitrator essentially serving the same role a judge would in court to make a binding decision on a civil matter. Finally, a settlement conference between all parties involved, their legal counsel, and the judge overseeing their case could potentially resolve a dispute before the civil litigation process progresses all the way to trial. During this stage in the civil litigation process, a qualified lawyer in DC could present motions and ask the court to reach a decision on discrete issues of law or facts that may affect the outcome of the case. For example, a motion for summary judgement could ask the judge to dismiss the case outright or make certain legal rulings based on undisputed facts, or motions may attempt to exclude certain evidence from trial. To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and “serves” a copy of the complaint on the defendant. The complaint describes the plaintiff’s damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order relief.
Area of Interest Civil Litigation
This article provides a broad overview of basic concepts and includes links to additional articles that teach you more. If you feel overwhelmed by the civil litigation process, see DUI lawyer near me TexasLawHelp's Ask a Question page, and we will do our best to help you find the right kind of assistance for your situation. You can also try the Legal Help Directory tool or contact a lawyer referral service. The standard of proof is less stringent in civil proceedings as opposed to criminal proceedings.
- Many of these matters involve claims against the Pennsylvania Department of Transportation for death or serious bodily injury resulting from the allegedly defective design, construction, or maintenance of state highways.
- In many cases, it helps to bring in a third-party mediator to make sure private discussions stay on track and that both parties’ best interests are given due respect throughout the process.
- The Most Competitive candidates will be referred to the hiring manager for further consideration and possible interview.
- Trial proceedings often start with preliminary motions, which address evidentiary issues and with jury selection, followed by opening statements from each party’s attorney.
- Each side also may file requests, or “motions,” with the court seeking rulings on the discovery of evidence, or on the procedures to be followed at trial.
- They can settle or "stipulate" to some aspects of the lawsuit, leaving others in the hands of the judge or jury.
Chung & Ignacio, LLP has a thrivingcivil litigation practice, but do you know what our litigators do? "Civil litigation" is a term thrown around in the legal field, but one that is much less common in daily vernacular. Discovery may include a deposition, requiring a witness to answer questions about the case before the trial. The witness answers questions from the lawyer under oath, in the presence of a court reporter, who produces a word-for-word account called a transcript.
Involved in a Civil Case? Get Professional Legal Help Today
Also, most ordinary litigation appeared cost-effective from the litigant's point of view. If you've been charged with a crime, especially if it could result in loss of liberties , you'll want to seek experienced counsel right away. For other matters, or to learn more about the difference between civil cases and criminal cases, reach out to a litigation and appeals attorney in your area today. Also, there are times when a criminal act may give way to civil liability, such as when someone is charged with homicide and also sued for wrongful death . As in the assault and battery example above, the criminal charges are punishable by fines, prison time, and other penalties, while the lawsuit is focused on recovering money to compensate the victim (or the victim's family) for damages. A person accused of a crime is generally charged in a formal accusation called an indictment or information .