In a civil case, the plaintiff must convince the jury by the “preponderance of evidence” (i.e., an official website of the United States government that uses official websites). The gova.gov website belongs to an official government organization in the United States).Courts were created under Article III of the Constitution to administer justice in a fair manner. Learn about federal court programs and services to help provide fair and impartial justice. The administration and governance of the judiciary occurs both at the national and regional levels.
This section provides statistical data and news about the activity of the federal judiciary. Link to national federal rules of practice and procedures and to current forms. Learn how to submit and access case files and information from court records. A federal civil case involves a legal dispute between two or more parties. A civil action begins when one of the parties to a dispute files a complaint and pays the filing fee required by law. A plaintiff who is unable to pay the fee can submit a request to proceed in forma pauperis.
If the request is granted, the fee is waived. To initiate a civil lawsuit in federal court, the plaintiff files a complaint with the court and “delivers a copy of the lawsuit to the defendant.” The lawsuit describes the plaintiff's damages or injuries, explains how the defendant caused the harm, demonstrates that the court has jurisdiction, and asks the court to order a reparation. The plaintiff can request money to compensate for the damages or can ask the court to order the defendant to stop the conduct that is causing the harm. The court may also order other types of relief, such as a statement of the plaintiff's legal rights in a particular situation.
There may be a “discovery” procedure, in which litigants must provide each other with information about the case, such as the identity of witnesses and copies of any documents related to the case. The purpose of the discovery is to prepare for the trial by requiring litigants to gather their evidence and prepare for call witnesses. Each party can also file requests, or “motions”, with the court to rule on the discovery of evidence or on the procedures to be followed in the trial. The presentation of evidence may include a deposition, in which the witness is required to answer questions about the case before trial.
The witness answers the lawyer's questions under oath, in the presence of a court stenographer, who writes a verbatim account called a transcript. To avoid the costs and delays of holding a trial, judges encourage litigants to try to reach an agreement to resolve their controversy. Courts encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, designed to produce a resolution of a dispute without the need for trial or other judicial proceedings. As a result, litigants often accept an “agreement”.
In the absence of an agreement, the court will schedule a trial. In a wide variety of civil cases, either party has the right, under the Constitution, to request a trial by jury. If the parties relinquish their right to a jury, then a judge without a jury will hear the case. By applying the rules of evidence, the judge determines what information can be presented in the courtroom. In order for witnesses to speak with their own knowledge and not to change their story based on what they hear another witness say, they are kept away from the courtroom until they give evidence.
A court stenographer keeps a record of the trial proceedings, and a deputy court clerk keeps a record of each person who testifies and of any document, photograph, or other item presented as proof. The opposing lawyer may object if a question invites the witness to say something that is not based on the witness's personal knowledge, is unfairly harmful, or is irrelevant to the case. Usually, the judge overturns or upholds (allows) the objection. If the objection is sustained, the witness does not answer the question and the lawyer must move on to the next question.
The judicial stenographer records the objections so that an appellate court can review the arguments later if necessary. After listening to the evidence, each party presents a final argument. In a jury trial, the judge will explain the law relevant to the case and the decisions the jury must make. Usually, the jury is asked to determine if the defendant is responsible for harming the plaintiff in any way and then to determine the amount of damages the defendant will have to pay. If the case is tried before a judge without a jury, known as a “trial without jury”, the judge will decide these issues or order some form of redress to the winning party.
Do you want to further develop your knowledge of federal courts? Read How to Understand Federal Courts. In this five-minute video, federal judges provide information on how they think about the separation of powers and describe how healthy tensions between powers have a stabilizing effect on democracy. The outcome you can expect in your case will depend on a number of factors. First, the court where you filed your case affects the possible outcomes. Different courts have different jurisdiction and may be limited as to the type of relief the court can order or grant.
Therefore, not every court can issue each of the types of relief discussed below. In general, some courts can only award pecuniary compensation, some courts can only order people to do or not do certain things (“equitable relief”), and some courts can grant both. Criminal and civil court judges have different powers. Criminal court judges can punish you for breaking the law by sending you to jail. Civil court judges may order you to pay money or a fine, or to make decisions about your family or home.
It's important to include the redress you want in your complaint or request so that you're not prevented from getting that result at the end of your case. In civil court, a person sues (files a lawsuit) against another person because of a dispute or problem between them. The American civil justice system is the most costly in the world, largely due to frivolous lawsuits and massive torts. By adding rationality and predictability to the American civil justice system and eliminating unnecessary spending and abuse, civil justice reform can increase confidence in the economy, help companies expand and create jobs. For example, in the case of a restraining order, unless you specifically request temporary custody in your petition, the court may not be able to grant that result.
In the criminal justice system, there are laws and bodies established to hold criminals to account for their actions and to bring justice to the victim of a crime. Most of us understand illegal activities included in the criminal justice system, such as drug-related crimes, armed robbery, shoplifting, and vandalism, but other types of crimes, such as embezzlement, electronic fraud, and health care fraud, can easily be confused with civil matters. Advertisements from trial attorneys often ask if you have been injured or promote large lawsuits in cases that have resulted in millions of dollars or even billions of dollars in compensation for victims. Civil law refers to almost all other disputes.
These are the rules that apply when a person sues another person, a company or agency. Citizen, ask your public defender or legal aid attorney to consult with a qualified immigration attorney about how a plea agreement in your criminal case may affect your immigration status. A qualified immigration lawyer can suggest a plea agreement that does not result in deportation. The civil justice system allows a person or entity (the plaintiff) to sue another person or entity (the defendant) for some type of harm or crime.
Thousands of companies have been named defendants in these types of civil justice cases, making this litigation the most expensive from the U.S. UU.
