Whenever a situation arises that results in disputes or injuries, many times a civil lawsuit is filed. Different from criminal law, civil law focuses on righting the wrongs caused by the defendant’s actions. Civil law centers on compensation or restitution as a form of punishment against the defendant, rather than seeking incarceration. In general, civil law ensures the person who suffered receives a direct benefit based on the law, or at the very least avoids any financial loss.

To Whom Does Civil Law Apply?

Civil law deals with disputes between individuals, organizations or both, depending upon the circumstances. Some examples of situations that fall under civil law include:

  • Disputes between landlords and tenants
  • Property disputes
  • Divorce proceedings
  • Child support agreements
  • Personal injury cases

In many of these cases, juries award millions of dollars in damages to a plaintiff. However, if the defendant has no income or limited assets, the actuality of the plaintiff receiving any or all of the award is quite small.

What is the Standard of Proof in Civil Law?

Perhaps the biggest difference between civil and criminal law is the standard of proof required to win one’s case. In a criminal trial, the standard of proof is “beyond a reasonable doubt,” while in civil law it is “preponderance of the evidence.” This means the party filing the suit must provide evidence to the court which extends just beyond the balance of probabilities. By this, the plaintiff need only convince a judge or jury there was at least a 50.1% chance events happened as they said. If this is the result, the ruling must come down in favor of the plaintiff.

Who Has the Burden of Proof in Civil Law?

This also differs with regards to criminal law. Criminal cases place the burden of proof on the prosecution, while civil law puts it squarely on the claimant’s shoulders. In some cases of civil law, such as tort cases involving fraud, the burden of proof will still rest with the claimant, but the case must be proved with “clear and convincing evidence.” This standard is considered higher than preponderance of the evidence, but lower than beyond a reasonable doubt.

Can Civil Law Cases Be Appealed?

The answer to this question is yes. In a civil law case, the court’s decision can be appealed by:

  • Plaintiff
  • Defendant

While either party can appeal a civil law decision, criminal cases allow only the defendant to appeal the decision, with the prosecution in the case having no such rights. As with any court case, if a decision is appealed the final decision can take months or sometimes even years, depending upon the complexity of the case.

Can I Be Appointed a Lawyer for a Civil Law Case?

Unlike criminal law cases where the court may appoint an attorney to represent a defendant, civil law cases require the claimant to hire their own lawyer and be able to pay them accordingly. Therefore, the filing of a civil law case can often hinge on the claimant’s ability to pay for legal representation. The exception to this is cases involving tort law, such as personal injury cases. In these instances, a lawyer may agree to take the case and be paid nothing for his time if the case is lost. However, a victory could bring the lawyer at least one-third of the total awarded to his client, which would more than make up for any other lost income during the trial. In any civil case, the claimant must pay for such things as:

  • Expert witnesses
  • Deposition transcripts

These can become very expensive, so much deliberation must be given before deciding to proceed with filing a case.

While there are many things to take into consideration for civil law cases, consulting with experienced attorneys such as those at the Joyner Law Firm can help to answer many questions and provide peace of mind to those seeking compensation.