1. How does a civil case start?
Answer: A civil case starts when the plaintiff files a complaint or petition with the court, stating legal claims against the defendant and the relief sought. The court issues a summons to notify the defendant.
2. What happens in the pre-trial phase?
Answer: During the pre-trial phase several steps are undertaken:
Pleadings: Plaintiff and defendant each submit written statements of their respective claims and defenses.
Discovery: Both parties share evidence, documents, and information from witnesses to get ready for trial.
Motions: Parties can file motions to settle issues such as dismissing the case or narrowing the scope of the dispute.
Settlement Negotiations: Many cases settle during this phase to avoid trial.
3. What is the role of the judge and jury in a civil trial?
Answer:
Judge: Manages the conduct of the trial, ensures observance of procedures in court and can also provide rulings on points of law. In bench trials, the judge determines the facts and the verdict.
Jury: In a jury trial, a panel of citizens examines the evidence, determine the facts and return a verdict in accordance with the instructions by the judge
Read Also:
- https://quantumlawsolutions.com/top-10-questions-and-answers-on-civil-law-for-beginners/
- https://quantumlawsolutions.com/15-common-questions-people-ask-about-civil-disputes/
- https://quantumlawsolutions.com/7-questions-you-need-answered-before-filing-a-civil-lawsuit/
4. What are the results of a civil case?
Answer:
Judgment for the Plaintiff: The defendant is ordered to pay damages, obey an injunction, or perform specific acts.
Judgment for the Defendant: The court finds no liability and dismisses the case.
Settlement Agreement: The parties agree to settle the case on mutually acceptable terms, usually without a judgment of the court.
5. Can a civil court decision be appealed?
Answer: Either party may appeal a decision by a civil court to a higher court if either feels that the trial contained a legal error. The appellate court will review the procedures and decisions made by the trial court but does not usually rehear evidence or listen to new testimony.