Civil litigation is the means through which individuals, people in business, and others utilize the courts to settle disputes. Contrary to criminal cases where the state prosecutes someone for outraging a criminal statute with the penalty being imprisonment or fines, civil litigation suits are private disputes. In such situations, the parties usually seek judgment favoring money or specific performance from the jury to either make them whole or to stop more impairment. Cases other than a criminal prosecution are described as Civil Litigation.
Table of Contents
Kinds of Civil Litigation
Cases, where an average person is either involved as a litigator (one who registers the lawsuit) or as a litigant (against whom a lawsuit is registered), are ensued as Civil Litigation. Following are the five common types:-
- Personal Damage.
- Divorce and Family Law.
- Breach of Contract.
- Landlord and Tenant Disputes.
- Property Disputes.
- A person who is injured because of any negligent conduct of another person or entity can file a lawsuit and ask for compensation.
- Cases such as motor vehicle disasters, slip-and-fall mishaps, injuries induced by defective products and other incidents where negligence has caused an accident, and the plaintiff is injured, proceeds under Personal Injury Civil Litigation.
Divorce and Family Law
- Disputes and conflicts regarding Divorce and family law are some of the cases that many people have had some encounter with at some point during their lifetime.
- Divorce or separation, custody of a child, domestic violence and support are various types of issues that people take to the benches to resolve.
Breach of Contracts
Dispute over Possession
Property line disputes or, the battle for rights of ownership and claims over titles are cases where the remedy might be something more than money damages.
To quote an example, if a property owner claims to trespass by an adjoining proprietor, might ask the judge to grant a directive to prevent future encroachments.
- Those cases where one of the parties to a contract fails to fulfill its commitments as per the conditions mentioned in the contract which entitles the other party to file a breach of contract claim.
- The plaintiff in a violation of contract claim could sue to recover monetary losses induced by the defaulting party, or may ask the court to direct the defendant to perform as per the conditions of the agreement.
- This particular remedy is known as a specific enforcement.
- The purchaser of a home might be unsatisfied with recovering financial damages from a dealer who denies conveying title under the contract of sale if the home is unique or its location is one-of-a-kind.
- If the buyer is fortunate in establishing the violation of the agreement, the magistrate hearing the petition could award specific performance and direct the defense to sell the home to the complainant.
Landlord and tenant disputes
- Eviction of tenants is one particular type of dispute arising between landlords and their tenants.
- Such conflicts find their way into the courts through civil litigation.
- Disputes over the failure of one party to comply with the duration of a lease or issues about services that tenant claims are lacking could end up in front of a judge.