Understand what is civil litigation and when litigation can be filed
Civil litigation is the process that allows individuals, businesses and other entities to use the courts to settle disputes. Unlike criminal cases in which the government prosecutes someone for violating a criminal statute with the penalty being imprisonment or fines, civil litigation cases are private disputes in which the parties are usually seeking a money judgment or some other remedy from a judge to make them whole or to end further harm.
Any case that is not a criminal prosecution is usually classified as civil litigation. Here are the five civil litigation cases types where an average person may be a plaintiff, or party filing the lawsuit, or as a defendant. However, the party against whom it is filed:
• May be a breach of contract
• May be a tort or personal injury
• Property issues
• Family law and damage
• Tenant and landlord issues
Is a person injured owing to a negligent conduct of another entity or individual, and then he can file a lawsuit asking compensation. These are referred to as civil litigation and may be due to slip-and-fall accidents, motor vehicle accidents, injuries happening by fault products and such negligence caused cases resulting in an accident and the plaintiff is injured.
Family law and Divorce cases
Conflicts and disputes arising from family relationships are the civil litigation type cases that most people may have experienced at some time. Separation, divorce, support, child custody, and domestic violence are the few dispute types that people reach the courts to resolve.
Civil litigation from contracts
When parties to a contract fail to perform the obligations as per the terms of a contract, the other party can file a breach of contract claim. In a breach of contract case, the plaintiff can sue to recover the damages caused as monetary by the defaulting party, or the plaintiff may request the court to order to perform as per the agreement.
A home buyer may not be convinced with monetary recovering damages from a seller refusing to convey a sale contract in case the location or the home uniqueness makes it special. In case the buyer is successful in giving evidence for the breach of the contract, hearing the case may bring the Judge ordering the defendant to sell the home as specific performance to the plaintiff.
Landlord and tenant disputes
Evictions are the disputes between the tenants and landlords. Disputes over the failure of a party to comply with the conflicts or lease terms, and also about the tenant claims regarding services may end up in a judge as a case of civil litigation.
Disputes over property
Conflicts about ownership claims and rights or title over a property may result as civil litigation cases where the remedy is more than the money.