Civil Litigation
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What is Civil Law?
Civil Law relates to the relationships of contract and exchange between private parties whether they be individual, businesses or a combination. Civil law encompasses all law that is not criminal law and is divided into two branches; tort law (personal injury) and contract law. Civil law does not deal with criminal convictions or sentences. Rather, civil law cases are usually filed by victims instead of a prosecutor and are litigated in civil courts as law suits. The end result is normally financial compensation. The burden of proof is also different between civil and criminal cases. In a criminal case the defendant has to be proven guilty "beyond a reasonable doubt." In civil cases a defendant has to be proven wrong based on the balance of probabilities.
What is a Civil Law Suit?
Often civil disputes can be resolved inexpensively by getting the parties together and airing their grievances. Not every civil matter needs to be litigated. However, when the parties cannot conclude their differences, a civil suit is required. The matter is initiated by filing a civil complaint before either the District Justice (for matters below $12,000 in controversy in Pennsylvania) or before The Court of Common Pleas. The Complaints must be in a particular form depending upon the Court and need to be properly served on the opposing party and answered within the time limits prescribed by the Rules of Procedure. Civil cases may be litigated either before a panel of arbitrators or before the Court directly. Typical cases deal with contract law, breaches of contract, negligence, invasions of privacy, violations of rights, personal injury and wrongful death.
Should I hire an Attorney?
Rules exist to guide the parties and determine time periods for filing cases and motions, rules pertaining to the discovery of evidence, procedural motions, and evidence. The rules and the time periods that go with them are often confusing and easily missed. If you are a party to a lawsuit or may soon be one, you need to consult with an attorney to evaluate your case. Waiting too long may result in the exclusion of evidence or even the case in general. A civil attorney can advise you of your rights and obligations and often will save you money and reduce legal hassles in the long run. A qualified civil attorney can also help you if you are running a business by giving you timely advice that can save you from costly civil litigation.