Civil Law
April Moore Esq.
Los Angeles – California
Civil Law
In civil law, it is the affected person who brings the lawsuit.
The primary purpose of civil law is to resolve disputes and provide compensation for someone affected by someone else’s acts or behavior. Civil law includes contract disputes, property disputes, as well as torts.
A plaintiff need only prove his civil law case by a “preponderance of the evidence.” This standard requires that the plaintiff convince the court that, based on the evidence presented at trial, it is “more likely than not” that the plaintiff’s allegation is true.
EXAMPLES OF CIVIL LAW
- Breach of contract
- Contract Negotiation
- Employment Discrimination
- Sexual Harassment
- Racial Harassment
- Sex or Gender Discrimination
- Disability Discrimination
- Personal Injury
- Unpaid Wages
- Overtime Compensation
- Wrongful Termination
“Beware of lawyers who agree to represent you through trial for a fixed upfront fee.
Once they receive the money, they may not find any further incentive to diligently prosecute the case.”
What is civil litigation?
Civil litigation is the legal process involving disputes between parties who seek either monetary compensation or equitable relief. Equitable relief (such as an injunction/restraining order) means asking the court to issue an order forcing a party to do something or refrain from doing something. A civil lawsuit may be filed either in state or federal court.
How much does a civil lawsuit cost?
The cost of civil litigation depends on several factors, which include the hourly rate of your attorney, how aggressively the other side litigates, the length of time the case is litigated, the extent of discovery conducted, the number of experts needed, the number of mediation sessions, and whether or not the case proceeds to trial.
Civil lawsuits can be extremely expensive and time-consuming – if litigation can be avoided, it should be! In many cases, the cost of litigating a case may yield diminishing returns for a client. Thus, it may be far more cost-effective to settle a civil case early on rather than to spend tens of thousands of dollars defending yourself over the course of a year or more of protracted litigation. As such, we counsel our clients to avoid civil litigation unless it is deemed absolutely necessary.
At what point can I settle my civil litigation case?
As long as both sides agree, the parties may settle their case at any time and at any stage of the litigation. You can settle as early as the day you get served the lawsuit or as late as after closing arguments when the jury is in deliberations.
What is mediation?
An informal meeting involves the disputing parties, their attorneys, and a mutually selected mediator (usually an attorney experienced in the subject matter of the dispute) who will work with both sides and attempt to convince them to settle. At a certain point during litigation, the parties may agree to attend mediation, or a judge may order them to attend. No legally binding decision will be made at the mediation by the mediator.
What should I expect at a mediation?
If the parties are not physically hostile towards one another, mediation typically begins with a joint session where both parties, their attorneys, and the mediator meet at a conference table. The mediator explains to the parties that everything said during the session is privileged and cannot be used against any party at a subsequent hearing or trial. He/She then explains his/her position of neutrality, the benefits of settlement, and the risks and expenses associated with going to trial.
The mediator may then ask each attorney to give their brief position on the case. After the joint session, the mediator separates the parties into different rooms, and he goes back and forth, attempting to negotiate a settlement.
