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Types of Civil LawCivil law is the branch of law that has to do with disputes between people, companies, or the government. In civil law, court cases are called lawsuits. One type of civil law involves contracts. In that type of law a contract is written out and signed by both parties. If the contract is broken by one party, the other party can sue. Another type of civil law is property law which includes rules about buying, selling, and use of a land or building. For example the owner of of a house must keep the house in good shape for the renter's use. Arguments may arise over who should pay to repair something that is broken. If the owner and renter can't agree, one might take the other to court. Another branch of law is family law which has to do with rules applied to family relationships. The last type of civil law is personal injury. These cases are also called torts.
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The Legal Process in Civil CasesEvery lawsuit begins with a plaintiff. The plaintiff is the person who brings the lawsuit. The defendant is the person being sued. First, the plaintiff files a complaint with the court. It usually asks the court to order the defendant to pay the damages to repay the the plaintiff for the loss. Next, the court sends the defendant a summons which tells the defendant that he or she is being sued. The defendant's lawyer may respond to the complaint by filling in an answer to all the charges. At this point, if one side seems likely to win, the other side may offer to come to a settlement. If both sides can agree on the terms, then a settlement is reached.
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If the two sides do not settle, the suit goes to trial. First the plaintiff presents evidence. Then the defendant presents evidence. Each side sums up its case. Then the judge or jury reaches verdict, or decision, in favor of one party. If the defendant wins, the plaintiff gets nothing. If the plaintiff wins and damages are involved, the judge or jury sets the amount of damages. Sometimes a judge or jury will also order the defendant to pay punitive damages. This type of damages is meant to punish. The judge may order the defendant to take a certain action. The defendant can appeal the verdict to a higher court. He or she may ask to have the verdict overturned to have the damages reduced.
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