Explaining Civil Cases
Vocabulary
Plaintiff
In civil law, the party who brings a suit or some other legal action against other (the defendant) in court.
Defendant
In a civil suit, the person against whom a court action is brought by the plaintiff; in a criminal case, the person charged with the crime.
Complaint
Is a statement that a situation is unsatisfactory or unacceptable, a reason for dissatisfaction.
Summons
Is an order to appear before a judge or magistrate, or the writ containing it.
Pleadings
Is the action of making an emotional or earnest appeal to someone.
Pretrial Conference
- Is if the Defendant(s) 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 narrow the issues, determine the number of witnesses to be called, the length of the trial, and to discuss the possibility of settlement.
Mediation
Is an intervention in a dispute in order to resolve it; arbitration
Arbitration
Is the use of an arbitrator to settle a dispute.
Trial
Is a formal examination of evidence before a judge, and typically before a jury, in order to decide guilt in a case of criminal or civil proceedings
Preponderance of Evidence
Is the greater weight of the evidence required in a civil (non-criminal) lawsuit for the trier of fact (jury or judge without a jury) to decide in favor of one side or the other. This preponderance is based on the more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.
Verdict
Is a decision on a disputed issue in a civil or criminal case or an inquest.
Appeal
Is to apply to a higher court for a reversal of the decision of a lower court.