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Delhi High Court has expressed concern over growing number of Civil Cases filed here by parties having "money power" burdening the court with civil suits for which original jurisdiction should have been with the district courts. A branch of law that is concerned with the discrepancy between organizations or individuals is called as Civil Law. In these cases, compensation will be granted to the aggrieved party. Civil cases are usually implemented by private parties. 1. Initial Court Papers The legal papers that are filed in court at the beginning of a lawsuit are called "pleadings." Your attorney will explain pleadings to you in the particular context of your case, but the summary that follows will give you a head start in understanding some of the many documents that may become a part of your civil laws. It notifies the recipient that he or she has been sued, refers to the Complaint or Petition, and sets out the time limit within which the defendant must file an answer or seek to have the case dismissed. 2. Fact-Finding and Discovery A hallmark of the American legal system is the principle that there should be as few surprises as possible in the course of a lawsuit. That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions. Document production is fairly self-explanatory. Courts are allowing access to computer files as part of document discovery. Courts have even allowed litigants to reconstruct deleted files (like e-mail), although that practice has not yet become common. 3. Resolution Before Trial: Court Motions A motion is a request your lawyer files with the court asking for a ruling on a particular matter. If the ruling on the motion could terminate the litigation and end the dispute before trial, it is called a dispositive motion. A motion to dismiss is sometimes filed in the very early stages of the litigation, before the parties have conducted discovery. The material presented in the complaint and any exhibits to the complaint are the focus of the motion. 4. Resolution Before Trial: Settlement The majority of legal claims filed in civil court do not reach the trial stage- most are resolved earlier through a negotiated settlement among the parties. An informal settlement can even take place before any lawsuit is filed. Through settlement, the plaintiff in a civil case agrees to give up the right to pursue any further legal action in connection with his or her case, in exchange for the payment of an agreed-upon sum of money from the defendant (or the defendant's insurer). 5. Trial and Verdict A judge or jury examines the evidence to decide whether, by a "preponderance of the evidence," the defendant should be held legally responsible for the damages alleged by the plaintiff. A trial is the plaintiff's opportunity to argue his or her case, in the hope of obtaining a judgment against the defendant. A trial also represents the defendant's chance to refute the plaintiff's case, and to offer his or her own evidence related to the dispute at issue. 6. After a Judgment: Collecting Money Even when you "win" a civil case in court and are awarded money damages, the opposing party may not always simply pay you the amount of the judgment. You may have to take additional steps (and incur additional expenses) to collect the judgment. Here are ten things to keep in mind: Individuals and businesses that are financially stable usually pay judgments that are entered against them. They do so because they want to avoid unpleasant "collection" activities and additional expense. 7. Appeals : An appeal is a review of the trial court's application of the law. There is no jury in an appeal, nor do the lawyers present witnesses or, typically, other forms of evidence. The court will accept the facts as they were revealed in the trial court, unless a factual finding is clearly against the weight of the evidence. • Appellate Briefs • The "Record" on Appeal • After the Appeals Court Decision Ashok, for information on Civil Lawyer, Car Accident Lawyer, Criminal Lawyer,Personal Injury Claims,Divorce Consultant,Criminal Cases,Civil Cases,Divorce Lawyer and Cheque Dishonours.Please visit our site: http://www.divorceconsultant.in/
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