The person who sues is called the plaintiff. The person being sued is called the defendant. Civil cases are complex. A suit goes through several stages: pleadings, discovery, and the trial itself.
First, the plaintiff files a pleading with the court. This sets out the complaint against the defendant and the remedy the plaintiff is seeking. A court officer then issues the claim by affixing the seal of the court and signing the pleading on behalf of the court.
Copies are then delivered to, or served on , the defendant. The defendant must provide the court with a statement of defence. If she or he does not, the court will assume that the plaintiff's allegations are true. The defendant may thus lose by default. Both the plaintiff and the defendant are entitled to consult a lawyer. Lawyers often discuss the lawsuit to settle it before a trial is necessary.
The two sides can reach a settlement at any time before the judge makes his or her decision. In fact, 98 percent of civil suits never make it to the courts. Each party is then entitled to an examination for discovery before the trial. Its purpose is to clarify the claim against the defendant and lets each side examine the evidence that the other side intends to use in court. During the trial, it is up to the plaintiff to present facts to support the claim against the defendant.
In a civil suit, the plaintiff must prove that it is probable that the defendant is legally responsible, or liable , because a civil case is decided on a balance of probabilities. This is the standard of proof for a civil case, just as the standard of proof for a criminal case is proof beyond a reasonable doubt.
If the facts justify the remedy the plaintiff is seeking, the court will hold the defendant liable, or legally responsible. The trial begins with the plaintiff presenting evidence against the defendant. The plaintiff may call witnesses to testify to facts and present evidence: papers, photographs or other documents. The defendant may cross-examine the plaintiff's witnesses to test their evidence. The defendant then presents his or her own evidence, including witnesses. The plaintiff has the same right to cross-examine.
Throughout the trial, the judge must make sure that all the evidence presented and all the questions asked are relevant to the case. For example, in most situations, the judge will not allow testimony based on what a witness has heard from another person — this is called hearsay evidence. At the end, both the plaintiff and the defendant summarize their arguments. The judge must then consider the evidence presented before making a decision, based on what has been proven to be most probable.
He or she must decide whether the facts show that the defendant has broken a civil law, such as a law that says we are obliged to fulfill our contracts. Depending on the suit and the court, the defendant may have a right to a trial by judge and jury. It is then up to the jury to decide which version of the facts it believes.
The judge still decides which law applies and explains the evidence and the relevant laws to the jury. Both cases gained tremendous media attention where both defendants were acquitted of the murder charges they faced at trial. The term plaintiff, is related to the verb complain. When someone complains or is a plaintiff, they have an issue that they want resolved. Board of Education. In this case, the Supreme Court ruled unanimously that racial segregation of children in public schools is unconstitutional.
The plaintiff, Oliver Brown, filed a class-action lawsuit against the Board of Education in Topeka, Kansas after his daughter was not allowed to attend all-white elementary schools. While making distinctions between the two terms plaintiff and defendant, it is important to know that in a civil case, the plaintiff generally has the burden of proof. This means that the plaintiff must prove the allegations.
The burden of proof in civil cases is usually preponderance of the evidence. This refers to the weight of the evidence, not the amount. In criminal cases, the charges must be proven beyond a reasonable doubt. While the burden of proof lies with the plaintiff, the defendant must defend themselves against the accusations brought against them. When a case is appealed, the parties involved are seldom referred to as the plaintiff and defendant.
The party appealing the ruling is called the appellant. The party responding to the appeal is called the appellee. When a defendant is charged with criminal violation of the law, the district attorney files a complaint or information against the person accused.
The information specifies the charges, but it is not evidence. The plaintiff in a criminal case is always the Commonwealth of Pennsylvania. The Commonwealth is represented by the district attorney or his or her assistant.
The person accused of breaking the law is the defendant. An information is the pleading that sets out the charge. One major difference between civil cases and criminal cases is that in civil cases, only 10 of the 12 jurors need reach the same decision to render a result. In criminal cases the decision must be unanimous.
The final decision of the jury is called the verdict. The Jury Clerk's Office will be able to get jurors answers or information not provided on this website. Call
0コメント