Civil litigation is a legal process in which criminal charges and penalties are not at issue, unlike criminal prosecution. The case is presented at a trial when two or more parties become embroiled in a non-criminal legal dispute. Plaintiffs seek compensation or other damages from defendants in such a case. The plaintiff must establish that the allegations are true and that the defendant, or the other party, was responsible for the damages suffered by the plaintiff. The civil justice system relies on the burden of proof based on a preponderance of the evidence, which is sometimes referred to as the 51 percent level of proof. In contrast to criminal cases, in which the state prosecutes someone for violating a criminal statute, with the penalty of imprisonment or fines, civil litigation suits are private disputes between two or more parties.
Civil litigation frequently works as a technique of crime prevention. When perpetrators, or other negligent parties involved in creating the circumstances of discrimination, are made to reimburse for their vicious acts or negligence, these acts are frequently not repeated. The characteristic of a flourishing and effervescent democratic system is that every citizen is not only guaranteed justice, but also that such justice is impartial. This places an obligation on the state to create an environment in which justice delivery is viewed not as a sovereign function, but rather as a service that is centered on the citizen. According to Justice Ramana, Indianisation of our legal system is an urgent requirement of the hour. Our systems practice rules which are colonial in foundation and not best suited to the requirements of the Indian inhabitants. It is the responsibility of lawyers and judges to produce an environment which is reassuring for the litigants and other stakeholders. The crucial point of any justice system is the complainant-the justice seeker.
Kinds of Civil Litigation
Civil Litigation refers to cases in which the average person is either a litigator (the person who files the lawsuit) or a litigant (the person against whom the lawsuit is filed). It is the beginning of the civil litigation process when a person or entity files a dispute against another person or entity, suing for compensation for the damages that have been caused. Afterwards, the judge or jury who is hearing the case will apply the relevant law to the facts that have been presented in court by both parties. Following an action by the defendant, the plaintiff files a lawsuit in court seeking monetary compensation as well as an injunction or other order.
- Infliction of Personal Injury
Personal injury lawsuits are one of the most common types of civil litigation in the country. A person who has been injured as a result of the negligence of another person or entity has the right to file a lawsuit and seek monetary compensation. Negligence, intentional wrongdoing, or strict liability is all possible bases for an argument. Personal Injury Civil Litigation is used to prosecute cases involving motor vehicle accidents, slip-and-fall accidents, medical malpractice, and other incidents in which negligence has resulted in an accident and the plaintiff has been injured, among other things.
- Disputes arising out of contracts
It is possible to bring a breach of contract claim when a person or entity fails to fulfill their contractual obligations; as a result, the plaintiff files a lawsuit in a civil court. The plaintiff seeks monetary compensation for the failure to perform under the terms of the contract that was signed. Some of the issues dealt with include breach of business agreements and non-delivery of items purchased with money paid in advance.
- Equitable Claims
The aggrieved party may petition the court to order an individual or entity to cease and desist from taking a specific action or to cease and desist from taking a specific action. The majority of cases involve plaintiffs who are seeking temporary restraining or reprieve orders against the defendant in some way.
- Lawsuits involving a group of people
A civil litigation lawyer represents a group or class of people who are suing an organization for compensation for the numerous injuries or damages they have suffered as a result of the actions of that organization. Class action lawsuits are time-consuming to litigate and can result in substantial compensation payouts. An example would be a group of consumers suing a company because of a faulty product or piece of equipment that has caused them injury.
- Divorce and Family Law
Numerous people have had some experience with divorce and family law disputes and conflicts at some point in their lives, and divorce and family law disputes and conflicts are among the most common. A variety of issues, including divorce or separation, parental custody of a child, domestic violence, and child support, are addressed by people who appear before the courts.
- Breaking the Terms of the Contract – A Dispute over Possession
Property line disputes, as well as the battle for rights of ownership and claims over titles, are examples of situations in which a remedy other than monetary damages may be appropriate.
- Disputes between landlords and tenants
Among the various types of disputes that can arise between landlords and their tenants is the eviction of tenants. If one party fails to comply with the terms of a lease, or if there are issues with services that a tenant claims are lacking, a dispute may end up in front of a judge.
There are numerous types of civil cases, ranging from property disputes to contract violations to divorce cases. The principle of ubi jus ibi remedium is followed by civil courts. In the absence of any express or implied prohibition by any other law currently in force, civil courts have the authority to hear and determine all civil lawsuits. The Code of Civil Procedure 1908 governs the procedures that civil courts in India must pursue when administering civil matters.