Because of the serious consequences of a guilty verdict, defendants in criminal cases have a number of constitutional rights, such as the right to a court-appointed lawyer if they cannot afford it, the right to remain silent, protection from inappropriate searches, and the right to a jury of peers. A tort is a civil proceeding in which a party claims that another party has caused him physical or mental harm. Tort cases can take many different forms and relate to a person`s personal safety, the safety of their property and their financial security. Common offences related to accidents and injuries include cases of bodily injury or battery, as well as cases of negligence in which a party claims that a caregiver has failed to fulfill his or her assigned duty. Unlike criminal cases, in most civil cases there is no right to a court-appointed lawyer. That is, if you can`t afford to pay for a lawyer and you can`t get a trial lawyer or a pro bono lawyer (voluntarily), you`ll have to represent yourself. Click here for more information on how to be your own lawyer and how to represent yourself. In some cases, the standard for decision-making is „clear and convincing evidence.” This means that for you to win, you must prove that your version of the facts is most likely or reasonably certain, or „much more likely than unlikely.” Civil proceedings are usually complex and require the expertise of experienced lawyers to present cases. If you need a civil litigation lawyer in Rockwall, TX, you can contact patrick short law firm. In criminal cases, the government prosecutes a person for violating state or federal laws, or allegedly for committing a crime.
The case is referred to the court by the prosecutor, a district attorney or the U.S. attorney for a federal offense. One of the most common cases in civil proceedings is that of bodily injury. The plaintiff seeks compensation for the damage caused by an action brought by the defendant. The argument may be based on negligence, wilful misconduct or strict liability. Some of the claims filed include car and motorcycle accidents, medical malpractice, fraud, bodily injury, animal attacks, etc. Specifically, federal courts hear criminal, civil and bankruptcy cases. And once a case is decided, it can often be challenged. In many parts of the world, civil and criminal prosecutions are combined in one case, but in our country they are not. If there are serious civil and criminal aspects of an event, there will be two (or more) different cases. An example would be a crime that gives rise to a criminal trial against the defendant, where victims file a separate civil lawsuit against the defendant to obtain the harm caused by the crime.
Termination of parental rights and adoptions. If there are serious reasons why a parent should no longer have a parental relationship with a child (such as suspension, neglect, abuse, etc.), the family court may terminate that parent`s rights. If someone else wants to become the legal parent of a child, the family court can grant an adoption when the parent-child relationship is legally established. For more information, see the Adoptions and Termination of Parental Rights section of this website. Youth Affairs. The Family Court oversees all cases in which there are allegations of child abuse or neglect or where minors are accused of participating in unlawful conduct. These issues are largely dealt with by the Juvenile Division of the District Prosecutor. The family court may also approve work permits for minors under the age of 14. Visit work permit for minors for more information. To resolve the case, the court (through a judge or jury) will eventually determine the facts of the case (in other words, find out what actually happened) and apply the appropriate law to those facts. On the basis of this application of the law to the facts, the court or jury decides on the legal consequences that ultimately arise from the actions of the parties.
There are many other types of civil cases, and sometimes civil proceedings follow criminal proceedings that have had an unfavourable outcome for the prosecution. If you think you have a reason for a case, contact us at Brent George Law to discuss options. Civil courts handle a large number of cases involving many legal issues. In the broadest sense, civil cases may concern things such as emancipation and the authorization of marriages with minors. Persons under the age of 18 who wish to marry or be „emancipated” (i.e. who are legally free from parental control) may seek the consent of the family court. The self-help center does not have forms for the authorization of minor marriages, but information about emancipation in the Emancipation section of this site. BUT none of these standards is as strong as the criminal standard that requires the state to prove that the defendant is guilty of the crime of which he is reasonably accused. Learn more about civil cases – the standard of proof used by the court, common types of civil cases and the steps in civil proceedings. As in criminal cases, the majority of civil disputes are left to the state courts for settlement. Federal courts only deal with civil cases that either: There are many types of cases before civil courts. This website has separate sections for the most common types of civil cases.
For more detailed information, you can go to our homepage and click on the topic you are interested in. The U.S. legal system can be complex to navigate. If you are involved in a legal dispute or accused of a crime, it is important to understand the nature of the case you are in and the different processes involved. Criminal cases involve the enforcement of public codes of conduct as enshrined in law, with the government prosecuting individuals or institutions. In criminal proceedings, the government lays charges against the person who allegedly committed the crime. What types of cases are civil? Divorce and related disputes (alimony, custody, etc.) constitute a very large number of civil cases. Cases involving contracts are also common. Car collisions are many cases of misdemeanours (bodily injury), another common type of civil case.
A car collision results in civil lawsuits if one driver pursues the other or if a passenger in one of the cars sues one of the two drivers. A car collision can also result in criminal prosecution if it involves allegations of a crime such as driving while intoxicated or leaving the scene of the accident. Dissolution of marriage. If someone wants to end a marriage, they can file a complaint with the family court to seek a court order to end the marriage. Marriages can be terminated by cases of divorce or annulment. The court may also grant separation, where it makes orders concerning the property, maintenance and custody of the children, but the parties remain legally married. For more information, see the Divorce, Cancellation, or Separation sections of this website. The injured party may apply to the court to order a natural or legal person to dismiss an action or to bring a specific action.
In most cases, these are plaintiffs who seek injunctions or pardon orders against the defendant. Family matters are a kind of civil matter, but they usually concern problems between or in relation to spouses, parents and children.