Overview
This lecture introduces the key concepts behind civil actions in the legal system, focusing on definitions, process stages, and important distinctions from criminal cases.
What is a Civil Action?
- A civil action is a legal dispute between two or more parties seeking monetary damages or specific performance rather than criminal sanctions.
- Parties in a civil action are typically called the plaintiff (who brings the case) and the defendant (who defends against the claim).
- Civil actions are based on claims of harm, such as breach of contract, property disputes, or personal injury.
Civil vs. Criminal Cases
- Civil cases involve disputes over rights and responsibilities, while criminal cases involve offenses against the state or public.
- The burden of proof is "preponderance of the evidence" in civil cases, meaning more likely than not.
- Criminal cases require proof "beyond a reasonable doubt."
Stages of a Civil Action
- The stages include filing a complaint, serving the defendant, pretrial motions, discovery, trial, and possible appeal.
- Discovery is the fact-finding phase where both parties gather evidence from each other.
- Most civil actions are resolved by settlement before reaching trial.
Participants and Outcomes
- Remedies in civil actions usually involve compensation (damages) or orders to do or not do something (injunctions).
- Judge and/or jury may decide the outcome, depending on the case and jurisdiction.
Key Terms & Definitions
- Plaintiff — the party who initiates a civil lawsuit.
- Defendant — the party being sued or accused in a civil lawsuit.
- Burden of Proof — the standard that a party must meet to win a case.
- Damages — monetary compensation awarded for loss or injury.
- Injunction — a court order requiring a party to do or stop doing something.
- Complaint — the initial pleading that starts a civil action.
Action Items / Next Steps
- Review assigned reading on stages of a civil action.
- Prepare examples of civil vs. criminal cases for class discussion.