Civil Litigation in the United States

The Legal Process for Disputes Involving Private Parties

In the American system of justice, legal claims are generally considered either criminal matters or civil disputes. Those legal proceedings initiated by the government to prosecute crimes, such as murder, rape, theft, drug trafficking, and drunk driving, fall within the criminal justice system. On the other hand, lawsuits between private parties are considered civil litigation.

An Overview of Civil Litigation in the United States

In the United States, civil matters are addressed by courts at both the state and federal levels. Federal courts have jurisdiction (the legal right to hear and resolve disputes) over matters involving the United States constitution, federal laws, and, in limited situations, where the parties are from different states. All other civil matters are resolved in state courts.

At both the state and federal levels, there are civil trial courts and courts of appeals, so that parties who receive an unfavorable result may, under the right circumstances, ask a higher court to review and reverse a trial court ruling.

Common Types of Civil Litigation

Virtually any trial process other than a criminal prosecution can fall under the umbrella of civil litigation. Personal injury lawsuits are a form of civil litigation, as are different types of business disputes, including:

• Breach of contract
• Unfair competition
• Shareholder or partnership disagreements

Other common forms of civil litigation include lawsuits related to real property/real estate, estates and trusts, environmental disputes, divorce and family law matters, and violation of constitutional rights.

Common Steps in a Civil Suit

The first step in a civil lawsuit is the filing of a complaint. The complaint identifies the parties, the facts of the case, how those facts violated the law, and how the plaintiff (person filing the lawsuit) suffered losses as a result. The complaint also makes a demand that compensation be paid.

Once the plaintiff files the complaint, the defendant (party being sued) has a certain amount of time to file an answer. The answer either affirms or denies the allegations made in the complaint and may state counterclaims and/or affirmative defenses. If the answer is not timely filed, the plaintiff may ask the court for default judgment.

If the complaint and answer are filed within stated time requirements, the court typically holds a pre-trial meeting. It’s common for the judge to explore settlement possibilities at this juncture. The court also typically establishes a discovery schedule.

During the discovery phase, the parties seek to gather as much evidence as possible. This is typically done through depositions, interrogatories, and motions for the production of documents. In the American civil justice system, the concept of “open discovery” applies. The goal of open discovery is that all parties have access to all evidence, so that the case can be decided on its merits.

Once the discovery phase is complete, the parties typically file different types of motions with the court:

• Dispositive motions—These motions seek to terminate the legal proceeding in one party’s favor. The defendant may argue that the evidence gathered fails to meet the minimum standards for a trial. The plaintiff may argue that the defendant has produced insufficient evidence of any effective defense.
• Evidentiary motions—During the open discovery process, evidence may come to light which would not be allowed at trial. It may be considered hearsay or opinion, for example. To streamline the trial and ensure that jurors don’t hear or learn about inadmissible evidence, a court will hold hearings in advance to determine the admissibility of certain evidence.

Before the trial begins, the parties must select a jury from the pool of local residents called for jury duty. This process is known as voir dire. Each party will have a limited number of peremptory challenges allowing them to dismiss a potential juror without giving a reason. The parties will have an unlimited number of challenges for cause. Ultimately, the court will rule on any challenges for cause.

Once the jury is selected, the trial can begin. Both parties will make an opening statement. Then, the plaintiff wil present his or her case first, calling witnesses, if necessary. Defense attorneys have the opportunity to cross-examine the witnesses. At the close of the plaintiff’s case, either party may make a dispositive motion. If the court does not dismiss the case, the defense attorneys will then present their evidence in a manner similar to the plaintiffs. When the defense attorneys are done, lawyers for the parties will make closing arguments and the case will go to the jury for deliberation.

Understanding the Statute of Limitations

In every state and in the federal courts, there are rules regarding how much time a party has to bring a lawsuit. Those rules are found in the “statute of limitations.” The statutes of limitations can vary from state to state and the length of the statutory period varies for different types of legal proceedings. For example, the statute of limitations may be longer for a criminal offense than for a personal injury. A party that fails to file a legal claim within the period set forth in the statute of limitations will have their claim barred.

The Difference between Civil Litigation and Criminal Prosecution

There are a number of characteristics that distinguish civil litigation from criminal prosecution:

• In a criminal action, the wrongful act is considered to be one against society as a whole. In a civil action, the wrongful act is considered to have affected only the parties who filed suit.
• Criminal prosecutions are always brought by the government, whether it be a municipality, state attorney general, or federal prosecutor. Civil actions may be brought against the government, but most are between private parties.
• Criminal prosecutions are based on and seek to enforce statutes, written laws enacted by legislative bodies. Most civil law is based on the common law, or judge-made law, found in opinions handed down over the centuries.
• In a criminal prosecution, guilt must be found beyond a reasonable doubt. The burden of proof in a civil matter is typically “a preponderance of the evidence,” which means that the party that succeeds must only show that their version of the facts is the more believable one.
• The penalties for a criminal conviction can include fines, community service, restitution, incarceration, and even death. A person found civilly liable will typically be responsible for paying damages—monetary compensation for the other party’s losses. There are some situations where a civil defendant may be ordered to do something other than pay damages—for example, if there’s a breach of contract in a real estate deal, the defendant may be ordered to convey the property that was promised. Such situations, however, are rare.

Summary

If you have suffered some type of loss because of the wrongful acts of another person, and you want monetary compensation for that loss, you’ll use the process of civil litigation to try to recover damages. The civil process is generally used to resolve any type of dispute other than a criminal matter. Common types of civil litigation include personal injury claims, divorce and family law disputes, real property controversies, estate and trust matters, breach of contract, commercial disputes, and constitutional matters.