The Lone Wolf Law Firm
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What to Expect in a Civil Court Case...
Before we can win a case, you have to understand the basics of a civil court case. The first thing you nee to know is the difference between a plaintiff and a defendant. A plaintiff is a person who brings a case against another in a court of law. A defendant is an individual, company, or institution sued or accused in a court of law. A plaintiff must come up with a complaint, which is a formal document that provides the reasoning behind a civil court case. After the plaintiff files a law suit, a summon is sent to a person who is accused of a crime. A summons is simply a request to appear in court. The beginning of a case starts with a pleading, which is a written document that explains each person's side of the dispute. If the defendant answers the Complaint, the case will be scheduled for a pre-trial conference. At the conference, the parties will meet with a judicial officer in an attempt to reveal the issues, determine the number of witnesses to be called, the length of the trial, and discuss the possibility of settlement. By answering the complaint this means the defendant admits or denies the allegations in the complaint filed by the plaintiff. If the parties wish to agree in a settlement, a mediation is in order. A mediation is simply a way to resolve so conflicts within the case. Another way to resolve a conflict is using an arbitration. This is the process of settling an argument or disagreement in which the people or groups on both sides present their opinions and ideas to a third person or group. After all of this, there is a trial. Obviously, a trial is a way to determine if the defendant is guilty or not guilty. The plaintiff must present a preponderance of evidence, which is necessary to win a case. This evidence is the bulk of the case and will most likely win the case. This will help create a verdict, which is determined by a jury. They can decide what your punishment is or they can determine that you are not guilty. If someone believes that the case needs to be reevaluated, they send an appeal. This could lead to the case going to the supreme court or it could simply do nothing.
Terms to Review Before We Meet...
- Plaintiff- person who brings a case against another in a court of law
- Defendant-an individual, company, or institution sued or accused in a court of law
- Complaint-a formal document that provides the reasoning behind a civil court case
- Summons-a request to appear in court
- Pleadings-a written document that explains each person's side of the dispute
- Pretrial conference-a conference that can result in a settlement or narrow the issues at hand
- Mediation-a way of resolving disputes between two or more parties with concrete effects
- Arbitration-a process of settling an argument or disagreement in which the people or groups on both sides present their opinions and ideas to a third person or group
- Trial- a formal examination of evidence before a judge
- Preponderance of evidence- the greater weight of the evidence required in a civil lawsuit for the trier of fact to decide in favor of one side or the other
- Verdict- the ruling
- Appeal- can overturn the ruling and require further review